It is the intention of the government to give fillip to Aadhaar movement and encourage the people of this country to enroll themselves under the Aadhaar scheme, the Chhattisgarh High Court has said.
Now, it will be difficult for a person without Aadhaar card to obtain bail from the courts in Chhattisgarh as the high court has directed all the trial courts to necessarily obtain copy of the Aadhaar card of the accused as well as of the surety, while examining surety papers submitted along with bail applications.
The relevant part of the directive issued by Justice Prashant Kumar Mishra reads: “While examining the surety papers, the trial court shall necessarily obtain copy of the Aadhaar card of the accused as well as of the surety.”
The court issued these directives while considering a bail application of an Advocate's Clerk accused of fraudulent activity by standing surety by affixing his photograph in the property papers of other persons. The prosecution case was that the clerk stood surety in the trial court by impersonating one Neelkanth, a resident of village Indavani. But when the concerned court sent the papers for verification, the concerned Tahsildar submitted a report that no such person in the name of Neelkanth resides at village Indavani. Pursuant to this report, the court Mohrir lodged a report against the applicant for offence punishable under sections 420, 467, 468, 471 & 120-B of the Indian Penal Code. The high court granted bail to the accused.
Practice of submission of forged revenue documents and sureties is rampant in trial courts
During the course of hearing, the prosecutor apprised the court that in almost every court in the state, forged sureties are produced to obtain bail on the basis of forged revenue papers or by impersonating the real surety. If this menace is not controlled and regulated, it will attain enormous proportion, the public prosecutor told the court. Other lawyers present in the court joined this submission that practice of submission of forged revenue documents and sureties is rampant in trial courts.
The counsel also requested the court to pass necessary orders directing trial courts to ensure obtaining papers of identification at the time of approving surety documents for issuing release warrants.
The court then referred to Binoy Viswam v Union of India and others, and the quoted the observation made therein that Aadhaar or UID, which has come to be known as the most advanced and sophisticated infrastructure, may facilitate law enforcement agencies to take care of problem of terrorism to some extent and may also be helpful in checking the crime and also help investigating agencies in cracking the crimes.
“No doubt, going by aforesaid, and may be some other similarly valid considerations, it is the intention of the Government to give fillip to Aadhaar movement and encourage the people of this country to enroll themselves under the Aadhaar scheme,” the court said.
The court issued following directions to trial courts to control and regulate menace of practice of submission of forged documents.
Interestingly, these directives have been issued when the Supreme Court is all set to consider challenge the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016.
Former Karnataka High Court judge Justice Anand Byrareddy had recently joined the challenge initiated by another former Karnataka High Court judge Justice K Puttaswamy, who is the main petitioner in the original Aadhaar case.
Recently the Constitution bench of the Supreme Court extended the deadline for mandatory linkage of Aadhaar number with all services and schemes, including bank accounts and mobile numbers, to March 31, 2018.