Kerala HC Dismisses PIL Filed By An 'Unregistered' Association Against Issuance Of Chip Based Biometric ID Cards [Read Judgment]

The Kerala High Court has dismissed a Public Interest Litigation which sought a declaration that issuance of chip based ID card with biometric capture to a class of people is violation of fundamental right to privacy.

The bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed the PIL on the ground that a writ petition filed by an unregistered body is not maintainable.

"Justitia", an association formed by a group of lawyers, had approached the High Court challenging a Government Order pertaining to creation of a systematic data base of the Migrant Workers, thereby enabling the Government to provide them with an ID Card.

During the hearing, the bench noted that there are no materials indicating that 'Justitia' is a registered association.

The court then referred to a recent judgment by which it dismissed a PIL filed by "Prathyasa Mental Health Counselling forum" holding that a Public Interest Litigation filed by an unregistered body is not maintainable. 

Dismissing the PIL, the Court said that the directions issued by it in a suo motu writ petition relating to of migrant labourers applies to this case also. In the said judgment, the court, taking note of the GO (challenged in this PIL), had said that it is open for the State and the Authorities to take steps to gather the full details, identity and other information of the migrants even now remaining within the State and those who are returning to the State post pandemic period and consequent on any relaxation of the lockdown restrictions. 

Case name: 'JUSTITIA' vs. State of Kerala
Case no.: WP(C).No.36372 OF 2017
Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly

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