Calcutta High Court seeks Centre's response on PIL challenging Aadhaar deactivation

The Calcutta High Court on Thursday ordered the Central government to respond to a Public Interest Litigation (PIL) petition challenging the provisions of the Aadhaar (Enrolment and Update) Regulations, 2016 that empowers the authorities to deactivate Aadhaar cards of citizens whom they deem foreigners [Joint Forum Against NRC vs Union of India]..A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya noted that over 1 lakh citizens' Aadhaar cards have been deactivated. "Let the Central government file its affidavit, we will hear the matter," the bench said while adjourning the hearing till April 4. .The petition filed by an NGO, Joint Forum Against NRC, alleged that the Aadhaar of several residents in West Bengal were suddenly deactivated without prior notice to them.During an earlier hearing, the petitioner's counsel had argued that Regulation 28A was inserted by way of an amendment in 2023. "This provision wasn't there when the law was introduced in 2016. It was added in 2023. This very provision is problematic or rather is unconstitutional and is arbitrary. It gives unbridled powers to the authority to decide who is an Indian citizen and who not," it was argued.The advocate had further pointed out that the main aim of the Aadhaar scheme was to facilitate the smooth implementation of various welfare schemes for the citizens. However, now it is required for more, the lawyer noted."People can't take birth or die without an Aadhaar Card as it is required for everything now. But suddenly deactivating the Aadhaar Card without prior notice is arbitrary," the petitioner had contended..On Thursday, the counsel informed the bench that the number of citizens, whose Aadhaar Cards have been deactivated, has risen to 1 lakh and thus, the bench needs to intervene in the case.However, Additional Solicitor General (ASG) Dhiraj Trivedi informed the judges that the provision in question is only concerned with foreigners and does not affect citizens of India.Trivedi, however, told the judges that the Central government will make detailed submissions in the matter.Accordingly, the hearing was adjourned till April 4.Advocate Jhuma Sen appeared for the petitioner while advocate Sneha Bera served as advocate-on record.