Marriage does not eclipse right to privacy: Karnataka High Court
Bengaluru (PTI): Marriage does not do away with the procedural rights of a person to divulge his personal information, a Division Bench of the High Court has said.
Setting aside the order of a single judge, the Division Bench comprising Justice Sunil Dutt Yadav and Justice Vijaykumar A Patil, said the procedure under Section 33 of the Aadhaar Act has to be followed even if the person seeking information is the wife.
As per Section 33(1), the power of passing an order to divulge the information is conferred on a Court not inferior to that of a Judge of the High Court. But the HC noted that the single judge order had directed an authority lower than that to divulge the details.
The "learned Single Judge has grossly erred in directing the Assistant Director General, Central Public Information Officer (UIDAI) to issue notice to a person whose information sought to be divulged and to decide whether such information is to be divulged. It is a settled principle that, if the Act provides that a particular act is to be made in a particular manner, it should be done in such manner or not at all," the Division Bench said.
The woman, from Hubballi in north Karnataka, has sought information on the address of her husband mentioned in his Aadhaar card from the Public Information Officer (UIDAI). She was trying to enforce a family court order against the husband directing to pay maintenance to her.
But he was absconding. The officer replied that an HC order was necessary to divulge the details after which she approached the single bench. The single bench order was challenged by the Central Public Information Officer (UIDAI).
The HC accepted the arguments against the single judge order.
Citing the Apex Court in the K S Puttaswamy case, the Division Bench said, "The right to privacy of Aadhaar number holder preserves the autonomy of the individual's right to privacy which is conferred primacy and admits of no exception under the statutory scheme.
The relationship by marriage which is a union of two partners does not eclipse the right to privacy which is the right of an individual and the autonomy of such individual's right stands recognised and protected by the procedure of hearing contemplated under Section 33. The marriage by itself does not do away with the procedural right of hearing conferred under Section 33 of Aadhaar Act.".
The Division Bench also noted that the husband has not been made a party before the single bench. It remitted the matter back to the single bench and said, "The above discussion would clearly lead to a conclusion that a person whose information is to be divulged is to be arrayed as respondent to the proceedings before the learned Single Judge. Accordingly, we remit the matter to the learned Single Judge, wherein the husband of the petitioner is to be arrayed as respondent. An undertaking is made by the petitioner/wife that necessary amendment would be carried out to array the husband as respondent in a writ proceedings."
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
