Delhi HC directs State to decide public prosecutors' challenge to biometric attendance system

The Delhi High Court on Monday directed the Delhi government to decide within four weeks the public prosecutors’ plea challenging Aadhaar based biometric attendance system [Delhi Prosecutors Welfare Association Vs State GNCT of Delhi and Anr].

Justice Swarana Kanta Sharma passed the directions on August 17 while considering a petition filed by Delhi Prosecutors Welfare Association seeking quashing of Delhi government’s circulars requiring recording of biometric attendance of public prosecutors.

The petitioner-association challenged two circulars mandating the implementation of Aadhaar Enabled Biometric Attendance System (AEBAS) for public prosecutors.

The association submitted that public prosecutors, being officers of the court, are required to visit different courts, police stations and other locations while discharging their duties.

The biometric system is impractical and the presence of prosecutors is reflected in the court records and proceedings, it was contended.

Biometric attendance was implemented without taking into account their previous representation to the government challenging the mechanism, it was submitted.

The association alternatively sought a court-centric attendance mechanism keeping in mind the nature of work and duties of public prosecutors.

The Court converted the public prosecutors’ plea into a representation to the concerned authorities under Delhi government and directed the State to reach a decision on the issue within four weeks from August 17.

“This Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of four weeks from date, under intimation to the petitioner herein, after giving a personal hearing to the petitioner,” the Court directed.

While disposing of the matter, the Court also granted liberty to the association to approach the court in case of further grievance.

Advocates Krishan Kumar, Rajesh Mishra and Anubhav Kumar appeared for the association.

Standing Counsel Avnish Ahlawat with advocates Nitesh Kumar Singh, Aliza Alam and Mohnish Sehrawat appeared for Delhi government.

[Read Order]