'You Cannot Cancel Before Verification' : Supreme Court On Telangana Govt Cancelling 19 Lakh Ration Cards; Directs Field Verification

While hearing a plea alleging cancellation of over 19 lakh ration cards in the State of Telangana without verification, the Supreme Court, on Tuesday directed the State Government to conduct field verification of all the ration cards that were cancelled pursuant to the notification issued by the Central Government in 2016 ("notification"). "We direct the State of Telangana to conduct verification of all the ration cards canceled pursuant to the directive issued by Central Govt. in 2016, We are informed there are 17 parameters taken into account before cancellation of ration cards. The authorities are directed to conduct field verification of all the cards and also deal with representation preferred by any aggrieved card holder whose card has been canceled expeditiously."A Bench comprising Justices L. Nageswara Rao and B.R. Gavai also directed the Chief Secretary of the State to file an affidavit apprising the Bench about the steps taken before cancelling the ration cards. "…we deem it proper, an affidavit shall be filed by the Chief Secretary informing this Court as to the steps taken before cancellation of the ration cards in the State of Telangana."The bench was hearing a special leave petition filed by social activist SQ Masood challenging the Telangana High Court's refusal to entertain his PIL against the cancellation of ration cards. The High Court said that no relief need be granted as the lockdown has been lifed. The Supreme Court commented that the High Court's order was "cryptic".Senior Advocate, Mr. Colin Gonsalves, appearing on behalf of the petitioner, informed the Bench that the ration cards were canceled without notice; without field verification and based on a computer algorithm. He expressed concern that the same was contrary to the notification which insisted on conducting ground verification before cancellation of ration cards. He further submitted that the card-holders' whose ration cards were cancelled were asked to apply for fresh cards and their applications are pending for the past 2-3 years before the concerned authority. As Justice Rao enquired about the defence taken by the State in this regard, Mr. Gonsalves responded that they have justified the cancellation on the basis of an algorithm and 17 parameters set out by them facilitating the cancellations. He submitted - "They have an algorithm and 17 parametres like bogus cards, did not make a declaration , linkage of Aadhaar card and ration card was faulty etc."He asserted that authorities do not have any pointed response for specific cases of cancellation - "They don't say why a particular card was canceled."Justice Rao asked him, "How many canceled?"He informed the Bench that 21.94 lakh cards were cancelled. He added that all such cards were given to the respective card holders after due verification by the authority. He was perturbed that now the cards have been cancelled even without giving the card-holders an opportunity to be heard. He stated - "It is an act of extreme cruelty. These are very poor families. Suddenly they are rendered without cards."He pointed out that an RTI Application was filed, wherein the Central Government had stated that almost 4 crore ration cards were cancelled across several States. Telangana was one of these States. A protest was lodged by the petitioner against the cancellation on the ground of violation of the principles of natural justice. Mr. Gonsalves highlighted that the State of Telangana responded stating that there was no requirement under the National Food Security Act, 2013 (NFS Act) to serve notice before cancelling ration cards. Further, the Bench was apprised that the primary reason for cancellation was non-linkage with Aadhaar card. He argued that the State Government had made Aadhaar mandatory for availing the benefits of the Public Distribution System in violation of the judgment of the Apex Court in K. Puttaswamy v. Union of India. Mr. Gonsalves contended that if the benefit accrues from a statutory provision, to avail the same Aadhaar cannot be made compulsory. "The Puttaswamy judgment says that if it is a statutory right there is no question of insisting on Aadhaar. It is only for subsidies of the Govt."Relevant portion of the Puttaswamy judgment is as under - "We also make it clear that a benefit which is earned by an individual (e.g. pension by a government employee) cannot be covered under Section 7 of the Act, as it is the right of the individual to receive such benefit." He also referred to Section 3 of the National Food Security Act 2013 which deals with the right to receive food grains at subsidised price by persons belonging to eligible households under Targeted Public Distribution System. "3. (1) Every person belonging to priority households, identified under sub-section (1) of section 10, shall be entitled to receive five kilograms of foodgrains per person per month at ...

'You Cannot Cancel Before Verification' : Supreme Court On Telangana Govt Cancelling 19 Lakh Ration Cards; Directs Field Verification

Sohini Chowdhury

"You are dealing with people who are taking ration from the Public Distribution System. It is not a luxury litigation", the Court told the State

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