BJP denies having "stolen" Aadhaar data for campaigns; Madras High Court urges all to safeguard credibility of Indian democracy

The hearing today in the plea alleging that the Bharatiya Janata Party (BJP) Puducherry had misused the Aadhaar data of voters to boost election campaigns saw the Madras High Court make a fervent appeal to all stakeholders, within and outside the courtroom to ensure that the credibility of the Indian democratic system is not dented. .The BJP, Puducherry today asserted, through Senior Advocate V Karthic, that the party has not stolen any data, and that the numbers used were available in the public domain. .The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, in turn, adjourned the case by a day to hear the BJP's reply in detail tomorrow. .Before doing so, Chief Justice Banerjee also highlighted that the endeavour is to ensure that the credibility of the Indian democratic exercise is maintained for the world to see. ."All of us should endeavour to do only one thing that is to create a level playing field in this basic exercise of the democratic … is conducted in a free and fair manner. And not only that it is conducted in a free and fair manner, it must also be seen to be conducted free and fairly. We must show to the world, that despite our problems - we are such a proud democracy that we hold our heads high", he said. ."Should we postpone the elections?" Madras High Court while hearing plea alleging misuse of voters' Aadhaar data by BJP, Puducherry.The Chief Justice added, ."If the credibility of the system is dented, then the image of the country takes a beating. I don’t think anyone in the courtroom or outside wants that to happen. We are such an example. Look to the right, left, top, bottom -we don’t have credible democracies - dictatorships, military mundas…Despite our poverty, colonial rule - we have developed, progressed we have liberties and we have given meaning to what right to life is. It is something that the world needs from us… We hope the high standards would be maintained, that is the only endeavour. People must have confidence in system, people must know at the end of the day that they have their government that they chose. That is how there can be credibility.".Senior Advocate R Vaigai submitted that bulk messages from the BJP, Puducherry to voters who had linked their mobile numbers with Aadhaar continued until March 29. She noted that the BJP, Puducherry has now filed its reply in the case and sought to argue further once the Election Commission and the BJP had made their arguments. .Appearing for the Unique Identification Authority of India (UIDAI), Advocate V Chandrasekaran asserted that there has been no tampering of any records with the authority, adding that this may be taken on record. .Chief Justice Banerjee briefly queried how it is only one political party, which happens to be ruling at the Centre, that got access to the Aadhaar data. Advocate Chandrasekaran, however, re-affirmed that there has been no leak from the UIDAI database. He added that the BJP, Puducherry may answer further on how they got the information. .The Election Commission submitted that they had made inquiries with BSNL and Airtel on the issue. Whereas BSNL said that the numbers are not under their control, it admitted that some numbers have been used. The Commission added that they have rejected a reply given by the BJP in the matter and asked them to give details on the total number of bulk SMSes that they had sent. .About Rs 4.33 lakhs has been added to the accounts of BJP, Puducherry expenditure and the party has been asked to explain under what authority they had sent the bulk SMSes. A report on the matter has also been sent to the top authorities of the Election Commission of India, which will make a decision in a day or two, on whether the party had violated the Model Code of Conduct (MCC), the Election Commission told Court. .Senior Advocate V Karthic began his submissions by adverting to how telemarketers also make calls and send messages day in and day out to the general public. He went on to argue that the mobile numbers of the public are available in the public domain. He informed that the karyakartas of the BJP had collected these numbers over a period of time and that no personal data has been stolen by the party as alleged by the petitioner. .In view of concerns raised that the bulk SMSes were sent out without due permission, the Chief Justice today told the BJP's counsel,"If there are any ameliorative measures, if you need to do bow down a bit, please do that in the larger interest of the system.".Senior Advocate Karthic replied, "All of us bow down to majesty of the court. We don't want an image that we are autocratic. We are using innovative methods to reach the people amid the pandemic."."But it has to be according to the rules. Model code says you have to take permission", Chief Justice Banerjee added, before adjourning the matter for the day. .The case concerns a petition moved by the President of the Democratic Youth Federation of India (DYFI), Puducherry, A Anand, who has submitted that bulk SMS messages were sent to Puducherry voters whose mobile numbers were linked to Aadhaar with a link to join WhatsApp groups run by the BJP. There were around 952 such groups, he has alleged