The Delhi High Court has issued an interim stay on a government directive that mandated the use of an Aadhaar-enabled biometric attendance system (AEBAS) for public prosecutors in the capital. Justice Amit Mahajan granted the relief while hearing a petition filed by the Delhi Prosecutors Welfare Association (DPWA), which sought to challenge the October 5 order issued by the Directorate of Prosecution.
The legal challenge marks the second time the DPWA has moved the High Court regarding this issue. In August, the court had directed the government to consider the association's concerns, but in September, the administration declined the request to exempt prosecutors from the biometric system. The government’s decision to implement the mandatory system followed an April surprise inspection by Chief Minister Rekha Gupta at the state Goods and Services Tax office, where several officials were found absent from duty.
In its latest filing, the DPWA argued that the nature of a prosecutor's work is inherently "court-centric" rather than office-based. Advocates for the association noted that prosecutors are required to be present in courtrooms by 10 am, often moving between multiple courts throughout the day. They contended that their attendance is already verified through official court records and proceedings. Furthermore, the association raised concerns regarding privacy, arguing that compulsory Aadhaar authentication for attendance is contrary to the Aadhaar Act and represents a "disproportionate intrusion" into their informational privacy.
Represented by advocates Rajesh Kumar and Kushal Kumar, the association suggested that authorities should instead consider alternative tracking methods, such as geo-tagging and face authentication, to verify their presence while in court. The High Court has posted the matter for further hearing on December 6, during which it will seek responses from both the Delhi government and the Centre regarding the disputed mandate.
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