The Delhi High Court on Monday refused to pass a direction to the Indian government to link social media accounts with Aadhaar, permanent account number (PAN) and voter ID to weed out fake, duplicate and ghost accounts, says a report from Bar & Bench
As per the report, the Court took note of petitioner advocate Ashwini Kumar Upadhyay's claim that fake, duplicate or ghost accounts constituted 18-20% of the total number of accounts on social media. The HC also raised a concern that in order to weed out approximately 20% of accounts, all the Aadhaar, PAN, and Voter ID or other data of 80% of the accounts will go in a foreign country which will have far-ranging consequences.
"Thus, if such type of direction for linkage of Aadhaar, PAN or Voter ID is ordered by the Court, there may be a situation where data of genuine account holder (who are 80% of the total) will also go in a foreign country, maybe unnecessarily…To do a small good… large account holder data will be at stake..," the division bench of Chief Justice DN Patel and Justice C Hari Shankar was quoted in the report.
After hearing the petitioner-in-person, the report says, the HC opined that no writ or writ of mandamus could be issued by it in the exercise of its power under Article 226 for drafting a policy or for amending an existing act. It further stated that it could not pass any direction to Centre on how to discuss, deliberate and decide upon a Law Commission Report.
"The role of courts is primarily to interpret the law as it is. We are not concerned with law as it ought to be. The primary role of law as per the theory of positivity is to interpret the law and not make law, except in exceptional circumstances, especially when there is a gap in law or it is silent..," the court said.
Earlier in October, this year, the Supreme Court refused to entertain a fresh PIL seeking linkage of Aadhaar with social media profiles.