The main legal point established is that Google Pay, operating as a third-party UPI enabled app, does not require separate authorization under the PSS Act, 2007, as it is not a Payment System Provider.

JUDGMENT

1. The present petitions have been filed in the nature of Public Interest Litigations, for the issuance of appropriate writs, order or directions directing the Respondent authorities to direct Google Pay India Services Private Limited to cease their operations in India for violation of regulatory and privacy norms.

2. In W.P.(C) 3693/2019, the Petitioner has prayed for the following reliefs:

"a) Writ, order or direction in the nature of Mandamus or any other appropriate writ, order or directions to the respondents particularly Reserve Bank of India to immediately order Google India Digital Services Private Limited doing business as Google Pay to stop its unauthorised operation in India as Payment and Settlement Systems for its failure to comply and obtain authorization of the Reserve Ban k of India before commencement of the operations as per the provision prescribed under section 4 and sub section 1 of the Payment and Settlement Systems Act, 2007;

b) To conduct compliance audit of the Google India Digital Services Private Limited doing business as Google Pay doing unauthorised operation in India as Payment and Settlement Systems under the provisions of section 13, 14, 16 and 17 of the Payment and Settlement Systems Act, 2007;

c) To impose penalties on the Google India Digital Services Private Limited doing business as Google Pay doing unauthorised operation in India as Payment and Settlement Systems under the provisions of section 26, 27, 28, 29 and 30 of the Payment and Settlement Systems Act, 2007 for contravention of the laws, regulations and procedure;

d) any other order or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favor of the Petitioner;

e) Cost of the Present Petition be also allowed in favor of the Petitioner and against the respondent."

3. In W.P.(C) 11262/2020, the Petitioner has prayed for the following reliefs:

"A. Kindly issue the writ of mandamus of any other writ that the Honourable Court deems justified upon the Respondent No. 1 UIDAI to initiate actions against the Respondent No. 3 i.e. Google Pay under the aegis of Section 29 Section 38 and Section 43 of the Aadhar Act 2016 for collecting, storing and using the Aadhar information of the citizens in the violation of objects of the Aadhar Act, 2016.

B. Kindly issue the writ of mandamus of any other writ that the Honourable Court deems justified upon the Respondent No. 1 UIDAI to issue appropriate directions under the aegis of Section 23A, Section 28, Section 29 of the Aadhar Act, 2016 for the protection of unauthorized access to the Aadhar information of the Citizens of India.

C. Kindly issue the writ of mandamus of any other writ that the Honourable Court deems justified upon the Respondent No. 1 UIDAI and Respondent No. 2 i.e. Reserve Bank of India to prevent unauthorized access of the Aadhar and Banking information of the citizens of India in the banking and financial system.

D. Any other order or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favor of the Petitioner or interest of justice."

4. It is stated that the information brought on record in the present petition has been obtained by the Petitioner through RTI applications and representations filed before government authorities such as the Reserve Bank of India (RBI), the Unique Identification Authority of India (UIDAI) that are entrusted with the responsibility of implementing, administrating, and managing provisions of the Aadhar Act, 2016; Payments and Settlement Systems Act, 2007; and the Banking Regulation Act, 1949, respectively.

5. It is stated that through these petitions, the Petitioner seeks to bring forth questions of public interest, insofar as the operation of Google Pay services in India are concerned.

6. The Petitioner contends that Google Pay has violated privacy norms by gaining access to and using consumers' personal data such as Aadha