The Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud on Wednesday (April 25) was told by senior counsel Rakesh Dwivedi that Aadhaar takes its power from the Telegraph Act.

He pointed out out section 33 which deals with the disclosure of information upon direction of a court not inferior to that of a district judge. He brings to notice that there is a proviso which says no order will be passed prior to hearing the authority.

While giving a legal basis on the argument of privacy, Dwivedi relied upon Section 4 of Indian Telegraph Act, which confers right upon the central government which can be transferred by way of licensing. This is how Vodafone, Airtel etc. come on board. “There’s a law which justifies our stand,” he reiterated.

He said there is a source of power which is the privileged right conferred upon the central government by the statue.

Dwivedi summed up his arguments by saying it does not infringe upon the right to privacy. He said that the rules have backing of a statue.

Additional Solicitor General Tushar Mehta began his submissions and referred to Article 300A while arguing on the point of rule making authority. He said anything done within statutory powers should fall under article 300A.

He said that such a rule is justified to practice strict and absolute prevention of money laundering, black money etc.

The subsequent amendment to PMLA ensures nobody who is indulged in such illegal practices goes undetected.

The matter comes up again tomorrow.

–      India Legal Bureau