The possession of Aadhaar Card and its number cannot be the sole criteria for registration, and various other documents should be accepted for the purpose of registration during the Lock-down period imposed due to the spread of pandemic Coronavirus (COVID19).

JUDGMENT

Mohammad Rafiq, CJ. - This writ petition by way of Public Interest Litigation has been filed by Mahendra Kumar Parida-petitioner questioning the decision of the Government of Odisha to consider Aadhar Card as the only proof of identification of the migrant workers and other people in the COVID-19 Odisha State Portal and offline forms available at Gram Panchayats or Urban Local Bodies for the purpose of registration.

2. Prayer has been made to direct the respondent-State to accept other ID proofs, such as Voter ID, Ration Card, MGNREGS ID Card etc. and in absence of any of them, the identification by the Sarpanch of Gram Panchyayat concerned attesting the identity of such migrant labourers, as valid proof for registration as an alternate to Aadhaar Card for registration in COVID-19 Odisha State Portal.

3. Mr. Ishwar Mohanty, learned counsel for the petitioner has argued that the respondent-State at the initiative of Union of India during the continuation of Lock-down 3 in the light of pandemic COVID-19 has taken a laudable decision to bring back several lakhs of Odia migrant labourers from other parts of the country to the State. It has for this purpose made an online portal-named COVID-19 Odisha State Portal (for short "the State Portal"), for registration of such returnees into the State. Simultaneously, forms have been made available at the Gram Panchayat Offices from where the relatives of such migrant labourers can procure and register them at the Panchayat Offices. Registration by either of the modes mandatorily requires Aadhaar Card with its number of the person willing to register as the only proof of identification. Those who are unable to submit the Aadhaar number would not be registered on the portal, thus depriving him/her from entering the State.

4. Referring to Section 7 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 (for short 'the Aadhaar Act'), learned counsel for the petitioner submitted that Aadhaar number can be used only for the purpose of establishing identity of individual for receipt of any such subsidy, benefit or service, which are incurred on the Consolidated Fund of India. Even the proviso to section 7 of the Aadhaar Act stipulates that if Aadhaar number is not assigned to an individual, then alternative and viable means of identification shall be offered to the individual for delivery of the subsidy, benefit or service. The registration process in the present case is aimed at regulating the entry of stranded migrant labourers and other persons who are willing to enter the State of Odisha. It has therefore no nexus with any of the stated purposes enumerated under Section 7 of the Aadhaar Act.

5. Learned counsel for the petitioner in support of his argument has relied on the decision of the Supreme Court in the case of K.S. Puttaswamy (retired) and another v. Union of India and another, (2019) 1 SCC 1 and argued that the majority opinion therein while interpreting the "benefits" and "services" categorically held that the scope is not to be unduly expanded thereby widening the net of Aadhaar, where it is not permitted otherwise.

6. Learned counsel for the petitioner has also argued that every person including those who are permanent native of the State of Odisha, being citizens of the country, have fundamental right to reside and settle in any part of India guaranteed under Article 19(1)(d) and (e) of the Constitution of India. Non-furnishing of Aadhaar number cannot be a criteria to deny them entry into the State vis- -vis this action is only illegally and arbitrary.

7. Looking to the significance of the issue and the urgency of the situation, this Court, when the matter was listed on 12th of May, 2020, while issuing notice to the respondent-State, called upon the learned Advocate General to seek instructions of the State Government as to why, apart from Aadhaar Card, the other documents, such as Voter ID Card, Ration Card, MGNREGS ID Card