New Delhi: Delhi High Court Wednesday sought Centre’s response to a plea questioning the rationale of imposing biometric Aadhaar authentication for domestic LPG consumers to book refills to avail subsidy from Oct 1.The plea cites the 2018 landmark privacy judgment of Supreme Court to question the legal basis of the circular issued by central govt, arguing that the apex court had clearly restricted compulsory usage of Aadhaar.A bench of acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notices to central govt, Petroleum and Natural Gas Regulatory Board and public sector oil companies on a PIL by Pulkit Luthra, a lawyer, and gave them two weeks to file the reply.The petitioner, who has 75% permanent visual disability, has asserted that a mandatory biometric Aadhaar authentication (BAA) process, which includes iris authentication, caused serious difficulty to him and other similarly situated persons with visual impairments.Appearing for Centre, Attorney General R Venkataramani defended the decision, pointing out that the authorities want to check the “abuse” of govt subsidy. He also assured that persons with disabilities would be taken care of as govt is aware of the challenges faced by them.“There is no data. He just flung a petition like this. I can understand that the disabled section of the community needs certain accommodation. There was a complete abuse of the subsidy given under the schemes. Therefore, govt wanted to find out. Disabled section will be taken care of,” the AG said.Senior advocate Zoheb Hossain, appearing for the petitioner, argued that govt’s decision was contrary to the law. He submitted that provisions of Aadhaar Act upheld by SC permit authentication only for subsidies, benefits or services funded from the Consolidated Fund of India. The supply of non-subsidised domestic LPG cylinders entails no direct expenditure from that fund. Only the compensation paid to the three oil marketing companies is borne by it, which falls outside the subsidies, benefits or services contemplated under Section 7.Emphasising that the “LPG supply has stopped” under the earlier regime since Oct 1, he urged the court to consider the issue of interim relief in the matter on the next date of hearing.HC said it will examine govt’s response in light of the legal issues raised and listed the matter for hearing on Nov 18.The PIL raised concerns over the ministry of petroleum and natural gas’s Sept 17 letter to IOCL, BPCL and HPCL, and a Sept 19 press release contemplating blocking of LPG refills of consumers who have not completed BAA, and in the case of consumers who are “unwilling or unable” to authenticate, restricting access to LPG at the market price in 5 kg or 10 kg cylinders, subject to availability. The mandate, the PIL stated, affects over 3.1 crore consumers.“The supply of 14.2 kg cylinder would be stopped to such consumers simply for the reason that they are unwilling or unable to undergo BAA. The cost suffered by these 3.1 crore consumers for exercising their choice or being unable to authenticate their biometrics through Aadhaar would be that the supply of the 14.2 kg cylinder would be stopped to such consumers and they would be forced to purchase the 5 kg or 10 kg cylinder at the market selling price,” the petition said.
