HC asks centre, to file counter in PIL seeking linking Aadhaar with property

HC asks centre, to file counter in PIL seeking linking Aadhaar with property

-Mansi Pandey



Background


UIDAI: The unique identification authority of India is a statutory authority established under the provision of aadhaar on 12 July 2016 by the government of India under the ministry of electronics and information technology. The unique identification authority of India was formed to issue UID which is a unique identification number named as aadhar to all the residents of India.

Benami transaction : the term Benami transaction is defined under section 2(9) of the prohibition of Benami property transaction act 1988 (PBPT)act. Benami transaction is a transaction with respect to a property carried out or made in an imaginary name or where the owner of that property is not aware or denies to have knowledge of that property which is not traceable such type of ownership belongs to Benami property. The property with a fictitious name will be called Benami property. These types of properties are one of the main roots of corruption in India.

Current issue


Delhi High Court has asked the Delhi government and Union Government to file counter-affidavits in public interest litigation (PIL) seeking linking of aadhaar card with property documents.

Advocates appearing from from Delhi government and union government advocate jasmeet Singh and sanjoy Ghose respectively requested for 4 weeks to file counter-affidavits and receive instructions. The division bench of justice D N Patel and justice hari Shankar also demanded UIDAI (unique identification authority of India) be prosecuted as a respondent in the recent petition. The petition was filed by ashwini Upadhyay  , seeking attention towards the linking of movable and immovable property documents of citizens to their aadhaar card. the petition demanded from the court to give administration to both the Delhi government and union government to take suitable steps to link their movable property and immovable property documents to their aadhaar card to restrain corruption, Benami transaction and black money.



The petitioner said that under article 21  (no person shall be deprived from his life and personal liberty except according to procedure established by law) the right to life set in our preamble can’t be and can’t be attained without restraining Benami transaction and corruption so appropriate steps should be taken by the state to hold back corruption and seize all the Benami transaction properties.


The petitioner believes the opinion that linking of citizens movable property documents and immovable property documents with their aadhaar card will help our government to restrain and vanish corruption and seize Benami transaction and the people who have held black money would be forced to declare their unverified immovable property and movable properties. The petitioner also showed reports from different organizations national and international that how Benami transaction leads to uncontrolled corruption and how it demolishes the effective public distribution system.

Conclusion


The concept of linking documents of our citizen's movable and immovable property to their aadhaar will lead us to the real faces of our citizen's property, this concept will help our government to expose unaudited properties of people, black money holders and lead us to the less corrupted environment. These Benami transactions are used in illegal activities like gambling,  bribing, terrorism,separation. Though we all want a good picture of our country and it’s citizens and being a less corrupted country will give us a chance to portrait our good picture. This concept will help us to restrain corruption.

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