Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(SC) 904

SUPREME COURT OF INDIA
Balbir Singh Chauhan and Sharad Arvind Bobde, JJ.
Justice K.S. Puttaswamy (Retd) and Anr. -Appellant
Vs.
Union of India (UOI) and Ors. -Respondent
Writ Petition (Civil) Nos. 494 of 2012 and 829 of 2013, Transfer Petition (Civil) Nos. 47-48 and 476 of 2013
Decided On: 23.09.2013
AND
The Govt. of India and Ors. etc.
Vs.
S. Raju and Anr. etc.

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Anil B. Divan and Shyam Divan, Sr. Advs., Ankit Goel, Ranvir Singh, Sanjay Yadav, Anish Kumar Gupta, Deepshikha Bharati, S.S. Shamshery, Rajeev Kr. Singh, Nachiketa Joshi, P.R. Kovilan Poongkuntran, Geetha Kovilan, Pratap Venugopal, Meenakshi Chauhan, Varun Singh and Gaurav Nair, Advs. for K.J. John and Co.
For Respondents/Defendant: Mohan Parasaran, S.G., L. Nageshwar Rao, A.S.G., Farrukh Rasheed, Alok Mishra andD.S. Mahra, Advs.

The court has the authority to transfer cases related to the Adhaar Card to the Supreme Court and can issue directives regarding the issuance of Adhaar cards.

Headnote:
Adhaar Card - Transfer Petitions - The court allowed the transfer of cases related to the Adhaar Card from lower courts to the Supreme Court, and directed that no person should suffer for not getting the Adhaar card while also ensuring that it is not given to any illegal immigrant.
Fact of the Case:

The court allowed the transfer of cases related to the Adhaar Card from lower courts to the Supreme Court.
Finding of the Court:

The court directed that no person should suffer for not getting the Adhaar card while also ensuring that it is not given to any illegal immigrant.
Issues: Transfer of cases related to Adhaar Card, issuance of Adhaar Card, and rights of individuals
Ratio Decidendi: The court found that the transfer of cases related to the Adhaar Card to the Supreme Court was justified and also emphasized the need to ensure that the Adhaar card is not given to any illegal immigrant.
Final Decision: The transfer of cases related to the Adhaar Card to the Supreme Court was allowed, and it was directed that no person should suffer for not getting the Adhaar card while also ensuring that it is not given to any illegal immigrant.

ORDER

1. Issue notice in W.P. (C) No. 829/2013.

2. Application for deletion of the name of Petitioner No. 1 in T.P. (C) Nos. 47 of 2013 is allowed.

3. T.P. (C) Nos. 47-48 of 2013 and T.P. (C) No. 476 of 2013 are allowed in terms of the signed order.

4. All the matters require to be heard finally. List all matters for final hearing after the Constitution Bench is over.

5. In the meanwhile, no person should suffer for not getting the Adhaar card inspite of the fact that some authority had issued a circular making it mandatory and when any person applies to get the Adhaar Card voluntarily, it may be checked whether that person is entitled for it under the law and it should not be given to any illegal immigrant.

6. Heard Learned Counsel for the parties.

7. Having regard to the facts and circumstances of the case, we are satisfied that this is a fit case where the prayer for transfer is to be allowed.

8. On the facts of the case, we allow these Transfer Petitions and direct that W.P. (C) No. 439 of 2012 titled S. Raju v. Govt. of India and Ors. pending before the D.B. of the High Court of Judicature at Madras and PIL No. 10 of 2012 titled Vickram Krishna and Ors. v. UIDAI and Ors. pending before the High Court of Judicature at Bombay be transferred to this Court. The Registry of the High Court of Madras and Registry of the High Court of Bombay are requested to transmit the original records to this Court expeditiously.

9. These Transfer Petitions are accordingly allowed.

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