The on Friday stayed a Delhi government directive that made Aadhaar-enabled biometric attendance compulsory for all public prosecutors, additional public prosecutors, and assistant public prosecutors working in trial courts across the capital. Justice Amit Mahajan granted to the , which had challenged the order issued by the . The will remain in force until the court hears the matter in , providing immediate respite to hundreds of prosecuting officers who had been required to register daily attendance through biometric machines or a mobile application.
The directed all prosecuting officers to register on the Aadhaar Enabled Biometric Attendance System (AEBAS) portal and mark their attendance either at biometric machines installed in district court complexes or via a face-recognition mobile app at the office of the district in-charge. Non-compliance was to attract disciplinary action under applicable rules. The DPWA had previously approached the High Court in , leading to an order that the DoP consider its and decide it within four weeks after granting a . However, the was rejected on the ground that it lacked merit, with authorities maintaining that recording attendance was necessary. The association then filed a fresh petition, which led to Friday’s interim .
Granted
Appearing for the DPWA, senior advocates , , and argued that public prosecutors are officers of the court appointed under . They submitted that prosecutors’ presence is already recorded daily in judicial order sheets prepared during court proceedings, making an additional compulsory attendance mechanism redundant and unnecessary. The petition contended that the directive was unreasoned, , and contrary to the , as well as the ’s judgment in , which recognized the as a under of the Constitution.
“The impugned action is unreasoned, contrary to the order dated , contrary to as explained in Justice K.S. Puttaswamy , a into privacy under , and under ,” the plea stated. The association argued that mandatory Aadhaar authentication without an alternative mechanism violates the Aadhaar Act and infringes the . The court, without delving into the , stayed the order as an interim measure and issued notice to the Delhi government, with the next hearing scheduled for .
Prosecutors’ Workflow and Concerns
The petition detailed the nature of prosecutorial duties, explaining that a prosecutor’s working day begins before courts assemble at 10 a.m. Officers must coordinate with investigating officers, scrutinize police files, verify the presence of witnesses, and prepare remand and bail matters before attending proceedings that continue throughout court hours. The association contended that a rigid attendance system imposes an unreasonable administrative burden, particularly on chief public prosecutors who must account for routine movements connected with court work.
“That such a rigid attendance regime not only imposes an unreasonable administrative burden upon Chief Public Prosecutors to account for routine court-related movements, but also has the potential to divert Prosecuting Officers from their primary judicial functions and cause avoidable delays in remand, bail and trial proceedings, thereby adversely affecting the expeditious administration of criminal justice and the of under of the ,” the petition added. The association argued that treating appearances before other courts, jail duties, visits to police stations, and forensic science laboratories as “mid-day movement requiring weekly regularization” fails to account for how prosecutorial duties are actually discharged.
Legal Challenge and Next Steps
The DPWA questioned the decision-making process preceding the order, alleging that the authorities rejected its objections without recording reasons or adequately considering its concerns. The petition asserted that compulsory Aadhaar authentication without an alternative mechanism is disproportionate and violates the Aadhaar Act’s provisions that limit mandatory authentication to purposes specified by law. The association also highlighted that the earlier order of the High Court had directed the government to consider the after hearing the association, but the subsequent rejection was cursory.
With the High Court now staying the directive, the immediate practical consequence is that prosecutors in Delhi trial courts are no longer required to mark AEBAS attendance. The will remain in effect until the court decides the petition on its in . The case is likely to be taken up for further arguments after the winter break, and the court’s final order could have broader implications for the use of biometric attendance systems for judicial officers and court staff across the country. The marks a significant interim victory for the DPWA, which had argued that the attendance mandate interfered with the core judicial functions of prosecutors and undermined the of a .