Are you planning to link social media profiles with Aadhaar, SC asks Centre

Tribune News Service
New Delhi, September 13

Amid raging controversy over attempts to link social media profiles with Aadhaar numbers containing biometric details, the Supreme Court on Friday asked the central government to explain its position.

 “If the Union of India is contemplating any guidelines or framework on the issue in the near future, then we can give some time to you (Centre),” a Bench headed by Justice Deepak Gupta said, adding: “At this stage, we do not know whether we can decide this issue or the high court will decide”.

However, the Bench—which is seized of a petition filed by Facebook seeking transfer of cases pending on the controversial issue before high courts of Madras, Bombay and Madhya Pradesh to the top court—said the matter needed to be decided at the earliest. It clarified that it would not go into the merits of the issue and would only decide the plea for transfer of cases.

On behalf of the Centre, Solicitor General Tushar Mehta said it has no objection to transfer of the cases even as he pointed out that considerable judicial time had been spent by high courts on the issue.

Appearing for Facebook and WhatsApp, senior advocates Mukul Rohatgi and Kapil Sibal said they have filed two appeals against Madras High Court orders.

The Bench said it will take up the appeals and the transfer petition on September 24.

The Supreme Court had on August 20 agreed to hear Facebook’s plea for transfer of cases pending before various high courts on linking of social media profiles of individuals with their Aadhaar numbers.  It had issued notices to the Centre, Google, Twitter, YouTube and others asking them to respond by September 13.

There are four petitions on the issue pending in high courts—two in the Madras High Court and one each in the Bombay High Court and the Madhya Pradesh High Court.

Noting that there appeared to be a conflict between right to privacy and the State’s duty with regard to crime prevention, the court had said, “We need to find a balance between the right to online privacy and the duty to detect people who spread panic and commit crimes online”.

The Bench had clarified that the proceedings pending before the Madras High Court on linking of social media users’ profiles with their 12-digit Aadhaar number containing biometric unique identity will continue. However, it said no final order will be passed by the high court.

The Tamil Nadu Government sought modification of the August 20 order, saying the high court was at an advanced stage of hearing but due to the Supreme’s August 20 order, it has deferred the hearing. It alleged that Facebook and other social media platforms were not complying with Indian laws, leading to increased lawlessness and difficulties in detecting crimes. 

Tamil Nadu contended social media profiles of users needed to be linked with Aadhaar numbers to check circulation of fake, defamatory, pornographic content; and anti-national and terror material even as Facebook opposed it, contending it would violate right to privacy of users.