Court mandates representation hearing for Prosecutors challenging Aadhaar Enabled Biometric Attendance System
In a significant development, the Delhi High Court has directed the Government of the National Capital Territory of Delhi (GNCTD) to review the implementation of the Aadhaar Enabled Biometric Attendance System (AEBAS) for public prosecutors. The decision comes after the Delhi Prosecutors Welfare Association filed a writ petition challenging the practicality of the biometric system, citing the unique and court-centric nature of their duties.
The petitioners argued that public prosecutors, being officers of the court, often have duties that require them to attend various courts and visit police stations and other locations, which makes the biometric attendance system impractical. They contended that their presence is already recorded in court proceedings and records, and the mandatory implementation of AEBAS does not consider these practical challenges. Despite submitting multiple representations to the Directorate of Prosecution, their concerns were not addressed, prompting them to seek judicial intervention.
The case was heard by Justice Dr. Swarana Kanta Sharma, who acknowledged the concerns raised by the petitioners. The court noted that the petition should be treated as a formal representation to the respondents. Consequently, the GNCTD has been directed to consider the representation and arrive at a decision within four weeks, ensuring that the petitioners are given a personal hearing.
The court also provided a pathway for further legal recourse, allowing the petitioners to file a fresh writ petition if their grievances are not adequately addressed after the review process. This decision underscores the judiciary's role in ensuring administrative decisions are practical and considerate of the unique functions of public servants like prosecutors.
The court's order highlights the importance of adapting administrative systems to the specific needs of different government departments, particularly those with roles that extend beyond traditional office settings. The judgment is expected to have implications for other departments with similar concerns about biometric attendance systems.
Bottom Line :
Public Prosecutors challenged the mandatory implementation of the Aadhaar Enabled Biometric Attendance System (AEBAS), contending its impracticality given the nature of their duties. The Court directed the respondents to treat the writ petition as a representation and decide the same within four weeks after granting a personal hearing to the petitioners.
Statutory provision(s): Administrative Law, Writ Petition
Delhi Prosecutors Welfare Association v. State GNCT of Delhi, (Delhi) : Law Finder Doc id # 2967113
