PAPER-BOOK

FOR INDEX KINDLY SEE INSIDE

ADVOCATE FOR THE PETITIONERS- PURVISH MALKAN

INDEX

Sl. No Particulars Page No

1. Listing Proforma

2. Synopsis and List of Dates

3. Writ Petition with Affidavit

4. Annexure P-1-

5. Annexure P-2 (Colly)-

6. Annexure P-3-

7. Annexure P-4 (Colly)-

 SYNOPSIS

The Petitioner, having its registered office in Sector 15, New Delhi and is
an individual involved voluntarily in issues relating to the Aadhaar
mandate, has approached this Hon'ble Court by way of the present Writ
Petition under Article 226 of the Constitution seeking a writ of declaration
that the provisions of the Aadhaar Act are in violation of Right to Privacy
under Article 21 of the Constitution of India to the extent to which it
permits the government to have an access to all the confidential
information of the people, thereby infringing their privacy in entirety. The
petitioner is aggrieved of the basic provisions of this act, framed by the
Parliament without having regard to those people who do not have any
involvement in the wrongful activities or without considering the fact that
not every individual is involved in illegal practices like money laundering
or corruption, so there is no point in keeping each and every person of this
country under a constant surveillance.

The petitioner therefore, hereby, intends to state that there should be

separate laws for the people who are involved under such wrongful as well
as illegal activities and that just for the sake of keeping them and their
activities under a constant surveillance, the rest of the people should not be
harassed by showing this weapon of Aadhaar.
 LISTOFDATES

2006: March 3rd: Department of Information Technology, Ministry of

Communications and Information Technology gave an administrative
approval for a scheme to issue unique ID for Below Poverty Line (BPL)
families.
2006:December 4th: Constitution of an Empowered Group of Ministers
(EGoM) to collate two schemes -the National Population Register under the
Citizenship Act, 1955 and the UID scheme.
2007: First meeting of the Empowered Group of Ministers took place where
the need for creating an identity related resident database was recognized,
thereby leading to the creation of Aadhaar.
2009: The Unique Identification Authority of India (UIDAI) was
constituted for the purpose of issuing unique identification numbers by the
Central Government. It was decided that the Unique Identification Authority
of India will be executive in nature and function under the Planning
Commission. Nandan M. Nilekani was appointed as the first chairman of
this Authority.
2014: An order is issued by the Supreme Court in the case of The Unique
Identification Authority of India v. Central Bureau of Investigation
(CBI) (SLP (Crl) 2524/2014), (subsequently tagged with Justice
Puttaswamys petition) asking agencies to revoke any orders made by them
making Aadhaar mandatory for availing benefits. Moreover, it also forbids
the UIDAI from sharing any information in the Aadhaar database with any
agency without the data subjects consent. (Order dated 24thMarch, 2014)
2015: October: A five judge bench constituted for seeking clarifications on
the August order reiterates that Aadhaar is not mandatory for availing any
benefits, but in the interim, expands the scope of the scheme to PDS, LPG,
MNREGA, National Social Assistance Program, PMs Jan Dhan Yojna, and
Employees Providend Fund Organization. It further asks the CJI to
expeditiously constitute a Bench for final hearing of the matter. (Order
dated 15thOctober, 2015)
2016: March 26Th: The Aadhaar (Targeted Delivery of Financial & Other
Subsidies, Benefits & Services) Act, 2016 is notified in the Gazette of India.
2016: April 7th: Jitender Malkan , member of Rajya Sabha, moves a
petition (W.P. (C) 231/2016)in the Supreme Court challenging the
introduction and passing of Aadhaar Act as a money bill.
2016: April 25th: The Supreme Court wishes to hear the Attorney General on
10thMay, 2016 before issuing notice in the matter moved by Jitender
Malkan.
2016: September 12th: A set of notifications and regulations for the Aadhaar
Act, 2016 released in the official Gazette. These are as follows:
Sections 1 to 10, and 24 to 47 of the Aadhaar Act, 2016 notified in the
Gazette by the Central Government. With this, the entire Aadhaar Act,
except Section 21 has now been notified.
An order by the Central Government under Section 58 of the Aadhaar
Act, 2016, called the Aadhaar (Removal of Difficulties) Order, 2016.
A set of five Regulations for various processes under the Aadhaar Act,
namely:
Unique Identification Authority of India (Transaction of
businesses at meetings of the Authority) Regulations, 2016
Aadhaar (Enrolment and Update) Regulations, 2016
Aadhaar (Authentication) Regulations, 2016
Aadhaar (Data Security) Regulations, 2016
Aadhaar (Sharing of information) Regulations, 2016
2017: January 4th: The Ministry of Labor and Employment released a
notification making it mandatory to furnish proof of possession of Aadhaar,
or undergo Aadhaar authentication to avail benefits under the Employees
Pension Scheme, or enroll for Aadhaar latest by January31st, 2017
2017: January 5Th: The case of S.G. Vombatkere & Anr. v. Union of India
& Ors., mentioned before CJI Khehar, and Justices N V Ramana, and D Y
Chandrachud, and requested to be heard on an urgent basis due to concerns
regarding citizens privacy, and the collection of biometric data by private
entities as well. The Supreme Court refused to expedite the process and
reportedly said, We are not inclined to give immediate hearing as there are
limited resources but biometric data collection by private agencies is not a
great idea.
2017: February: Around 30 notifications were issued by various
departments of Union Ministries making Aadhaar mandatory for availing
benefits of certain welfare schemes and subsidies. A list of these
notifications maintained by SFLC.in can be accessed here.
2017: March 22nd: As a part of the Finance Bill, 2017 and amendment to the
Income Tax Act, 1961 was passed in the Lok Sabha. This amendment
introduced Section 139AA that made Aadhaar mandatory for filing of
income tax returns and for applying for a PAN card starting 1st July, 2017.
2017: April 26th: The Supreme Court heard the challenge of mandatory
linking of Aadhaar to PAN in the cases of Binoy Viswam v. Union of India
(W.P.(C)247/2017), S.G. Vombatkere & Anr. v. Union of India (W.P.(C)
277/2017). The hearing for this case continued on April 27th and 28th,
and May 2nd, 3rd, and 4th.
 IN THE HIGH COURT OF DELHI, AT NEW DELHI

ORIGINAL JURISDICTION

CIVIL WRIT PETITION NO. __ OF 2017

IN THE MATTER OF:

Mr. Yaman Saini Petitioners

-Versus-

Union of India Respondents

IN THE MATTER OF:

IN THE MATTER OF INFRINGEMENT OF FUNDAMENTAL RIGHT

GUARENTEED UNDER ARTICLE 21 OF THE CONSTITUTION OF
INDIA.

AND

IN THE MATTER OF:

CIVIL WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA FOR THE ISSUE OF A
WRIT/ORDER/DIRECTION IN THE NATURE OF AN
APPROPRIATE WRIT/ORDER/DIRECTION TO THE
RESPONDENTS.
TO,

THE HON'BLE THE CHIEF JUSTICE AND HIS COMPANION

JUSTICES OF THIS HONBLE COURT. THE HUMBLE PETITION
OF THE PETITIONER ABOVENAMED.

MOST RESPECTFULLY SHEWETH THAT:

1. That the petition is filed and challenges the constitutional validity of the
Governments Aadhaar Programme as the Supreme Court ruled that all
Indians enjoy the Right to Privacy, a right that is protected under Article 21
of the Constitution.

ARRAY OF PARTIES:

2. The petitioner hereby submits that, the Aadhaar Act, in itself is opposed to
law and general public policy and is violative of Right to Privacy
guaranteed under Article 21 of the Constitution of India, and hence is
thereby liable to be struck down on its entirety. The petitioner submits that
the provisions contained in this very legislation compel the people in
general to link their personal account details, which though are confidential
in nature and therefore not to be brought into the public domain, with the
Unique Identification Authority of India, where they compile of the
necessary details of the people into a common public database that remains
always open to ill use by the offenders. Therefore there is a complete
violation of Article 21 of the Constitution of India. Since this issue has
national significance, the petitioner has been advised to approach this
Honble Court by way of the present writ petition under Article 226 of the
Constitution of India.
3. The petitioners have not approached any other court or authority with same
or similar relief as against the respondents, as has been prayed for in this
petition.
4. The petitioner Mr. Yaman Saini, is the chief of a registered society, which
was registered on 24.04.2004, having a registration number 452012.
Certified copy of the registration certificate of the aforesaid society has
been annexed herein along with Vakalatnama.
5. The petitioner has been working in the area of privacy issues and provides
technical support to the government, non-government organizations on the
privacy related matters. The petitioner has worked in several areas across
the countries like Haryana, Uttar Pradesh, and Bihar etc. and has acted as a
referral point for everybody in this field. The petitioner, since 2006 is also a
member with the International Association of Privacy Professionals
(IAPP). This association works primarily in the areas like data breach,
identity losses, and loss of customer trust, considering the fact that these
pose a serious threat to many organizations worldwide and especially for
those whose functioning is totally online. Therefore, in order to safeguard
the data of individuals and thereby their privacy, different strategic plans
are made herein.
6. The petition has been filed purely in public interest with a view to draw the
worthy attention of this Honble Court that there is a violation of
fundamental rights of the people under Article 21 of the Constitution of
India whereby the privacy of the people in general is being infringed.
7. The petitioner most respectfully begs the leave of this Honble court to
draw attention to the fact that, Aadhaar has started to comprise within itself
every single aspect, which is required for the smooth functioning of our
country, no matter whether they hold of great importance in general or not,
say for example, the linking of Aadhaar to PAN and the Aadhaar required
for availing other government benefits. As we can see from Section 3 of the
Aadhaar Act, 2016, UIDAI, it creates a mandate for the people to possess
an Aadhaar Card and thereby compels the people in a way to submit their
 confidential biometric details to the Unique Identification Authority of
India by undergoing the process of enrolment. The petitioner hereby
submits that this is a clear violation of the basic rights of the people as no
one can be compelled to enroll oneself into the public database with the
UIDAI. The whole act should be voluntary and not mandatory for the
people.
8. It is the petitioners case that, the Permanent Account details of any
individual cant be accessed without his will and voluntary consent. Where
the government is making the procurement of the Aadhaar details
mandatory for an individual, he would have no other option but to possess
an Aadhaar and a result he is giving a free access to the government
authorities of his personal account details. Therefore the government as and
when it feels just, can have a view of the personal account details of any
person.
9. There may be a contention that, the government is accessing the accounts
of the people in order to identify as to who is stocking the black money and
also to know the sources of their income. But here, the genuine people also
get crushed under the rollers named Aadhaar, where a common man is
earning income by contributing his labor to his tasks and due to a handful
of corrupt individuals why should a common man be under a constant
scanner named Aadhaar. Therefore it amounts to a serious violation of
Right to Privacy under Article 21 of the Constitution of India.
10. It is the Petitioners respectful submission that the provisions of the
Aadhaar Act are arbitrary. The petitioner observes no reason as to why
there should be a constant surveillance upon the various transactions that
are being entered into by the people. In fact for the handful of them, who
create the whole mess, there should be a formulation of some specific
provisions or laws not at the cost of people who are innocent or are not
involved in any wrongful activity, at least such people should be given
some relief who do hard work to earn a living for them and their family
 members. Therefore the parliament had no rationale behind passing this
particular legislation, it being contrary to general public policies.
11. It is the Petitioner's contention that the Parliament has failed to suitably
protect the interests of the people while enacting the Aadhaar Act, 2016
and thereby its provisions are violative of Right to Privacy of the people
of India.
12. It is further to be submitted that, the Aadhaar Act, by virtue of its launch
has not only given enormous powers to the government but it has also
opened all the doors for the routine offenders as well as for the hackers
to make an illicit use of the confidential data that is available on the
online databases of the Unique Identification Authority of India
(UIDAI). Where the offenders have learnt to duplicate even the
biometric data of the people, by the use of resins, since then the threat
has increased to a next level.
13. The petitioner thereby humbly submits that all the provisions of the
Aadhaar Act are unconstitutional and are liable to be declared so by this
Honble Court.
QUESTION OF LAW:

14. Whether the right to privacy becoming a fundamental right means the Aadhaar
programme is unconstitutional or will be shut down and how will the right to
privacy play out across the broader rights spectrum?
15. Whether the Governments Aadhaar Programme is constitutionally valid as
the Supreme Court ruled that all Indians enjoy the Right to Privacy, a right
that is protected under Article 21 of the Constitution.

GROUNDS:

16. The present Writ Petition is being filed by the petitioners on following
among other grounds:-
16.1 For that the provisions of the Aadhaar Act, 2016, as passed by the
parliament are violative of Article 21 of the Constitution of India.
16.2 For that purpose the current act creates a situation of unrest among the
general people, since, it would open all doors to their privacy. Anyone,
if wishes, to peep into the personal documents of an individual he can
very easily do so, since all the requisite data is available on the online
platform in the form of The Unique Identification Authority of India
database.
16.3 For that purpose the parliament has failed to recognize the need of the
hour, whereby the peoples interest is required to be safeguarded and has
made the laws considering the generality of the situation as a result of
which the people who are genuinely earning their income for the
maintenance of a specific standard of life, are being suffered as a result
of this whole activity.
16.4 For that purpose the government has mandated the enrolment of each
and every citizen for the Aadhaar upon the Unique Identification
Authority of Indias common database. The people, as a result thereof
are required to submit their biometric information to the authority that
would thereby perform the task of linking all the confidential
information, like, PAN, mobile numbers, etc. of an individual to that
common platform from where it goes very easy for an offender to make
an illicit use of that data.
16.5 For that purpose, the parliament by allowing Aadhaar to spread its
wings to more areas than before, it has imposed a great risk to the
privacy of individuals. It is humbly submitted before this Honble court
that the position of the people after the Aadhaar concept has come to
light is highly vulnerable to exploitation. The parliament has not taken
necessary steps to control the situation and to reduce the plight of the
people.
16.6 For that the Aadhaar Act, is unconstitutional since the recent Supreme
Court verdict on the privacy matter, which held that Privacy on an
individual is an essence of his life and that the most important factor
contributing to the progressive nature of his life.
16.7 For that the parliament ought to have taken note of the recent
developments in the country and thereby taking the necessary steps as
required whereby the act ought to have been declared unconstitutional
on the ground of it being violating the essence of Privacy, in general.
Parliament has failed to keep pace with the global developments in this
particular aspect where the violation of privacy is considered a serious
offence in any other country and thus the people forbid, as much as they
can from interfering in the privacy of other individuals.

AVERMENTS:

17. That the present petitioner has not filed any other petition in any High Court or
the Supreme Court of India on the subject matter of the present petition.
 PRAYER

In these premises, it is most respectfully prayed that this Hon'ble Court be

pleased to

a) Issue an appropriate writ, order or direction in the nature of certiorari or

any other writ of such nature, in the nature of a declaration, declaring
that the provisions of the Aadhaar Act as unconstitutional, they being
violative of Article 21 of the Indian Constitution and therefore liable to
be struck down.
b) Issue an appropriate writ, order or direction in the nature of certiorari or
a writ of declaration that possession of Aadhaar by each and every
individual is not mandatory and that ought to be kept optional for the
people.
c) Pass such other order or orders and directions as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case as also in
the interest of justice,

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN

DUTY BOUND SHALL EVER PRAY.

FILED BY

(PURVISH MALKAN)

ADVOCATE FOR THE PETITIONER

NEW DELHI
 DRAWN ON- 20.09.2017

FILED ON- 25.09.2017

IN THE HIGH COURT OF DELHI, AT NEW DELHI

ORIGINAL JURISDICTION

CIVIL WRIT PETITION NO._____OF 2017

[UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA]

IN THE MATTER OF:

Mr. Yaman Saini Petitioners

-Versus-

Union of India Respondents

AFFIDAVIT

I, Yaman Saini, having his registered office at 24/50, Gali No. 2, Sector 15, New
Delhi, 121007, do hereby solemnly affirm and say as under:-

1. That I am the Secretary of the Petitioner in the above mentioned case and as
such I am fully conversant with the facts and proceedings of the case and
hence competent to affirm this affidavit.
2. That I have read and understood the contents of the accompanying Synopsis
& List of Dates, Writ Petition Para 1 to 15 at pages 1 to____ and other
applications and the same are true and correct to the best of my knowledge
and belief. Nothing material is concealed nor is any part thereof false.
3. That the Annexures are the true and types copies of their respective
originals.

_____________

S/D

DEPONENT

VERIFICATION

I, the deponent, verify that the contents of the aforesaid paragraphs of this
affidavit are true to my knowledge and belief. No part of it is false and
nothing material has been concealed therefrom.
Verified at New Delhi on this 24th Day of September, 2017.
S/D
DEPONENT
 VAKALATNAMA

IN THE HIGH COURT OF DELHI, AT NEW DELHI

ORIGINAL JURISDICTION

CIVIL WRIT PETITION NO._____OF 2017

[UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA]

IN THE MATTER OF:-

Mr. Yaman Saini Petitioners

-Versus-

Union of India Respondents

I, _______________________________, Petitioner/Respondent in the

above Petition/Suit Appeal/Reference do hereby appoint and retain MR.
PURVISH MALKAN, Advocate High Court to act and appear to me/us
in the Suit/Appeal/Reference and on my/our behalf to conduct and
prosecute or (defend) the same and all proceedings that may be taken in
respect of any application connected with the same or any decree or
order passed therein, including proceedings in taxation and applications
for Review, to file and obtain return of documents, and to deposit and
receive money on my/our behalf in the said
Suit/Appeal/Petition/Reference and in applications of Review and to
represent me/us and to take all necessary steps on my behalf in the above
matter. I/We agree to ratify all acts done by the aforesaid advocate in
pursuance of this authority.

Date this the _____ day of September, 2017

ACCEPTED, IDENTIFIED & CERTIFIED

[Purvish Malkan] Advocate

Sector 17, near MVN School, New Delhi.

(M)- 9811284045
Petitioner
 MEMO OF APPEARANCE

The Registrar,

High Court of Delhi, at New Delhi.

Sir,

Please enter my appearance on behalf of Petitioner in the above mentioned

matter.

[Purvish Malkan]

Advocate for the Petitioner