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        Case ID :

        2017 (2) TMI 1289 - SC - Indian Laws

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        Supreme Court praises Aadhaar-based E-KYC for mobile phone verification, emphasizes stringent measures The Supreme Court was satisfied with the steps taken by the Union of India to address concerns regarding mobile phone subscriber verification. The ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Supreme Court praises Aadhaar-based E-KYC for mobile phone verification, emphasizes stringent measures

                              The Supreme Court was satisfied with the steps taken by the Union of India to address concerns regarding mobile phone subscriber verification. The implementation of Aadhaar-based E-KYC for new subscribers was commended, with plans to extend similar verification to existing subscribers within a year. The Court acknowledged the necessity of stringent verification measures to prevent misuse of mobile phones for criminal activities and disposed of the petition with expectations of diligent implementation of the verification processes by the authorities.




                              Issues:
                              1. Petitioner seeking a definite mobile phone subscriber verification scheme for 100% verification.
                              2. Contention that unverified phone subscribers can misuse mobile phones for criminal and terrorist activities.
                              3. Union of India's implementation of Aadhaar-based E-KYC for mobile connections.
                              4. Submission of more than 90% existing subscribers using pre-paid connections.
                              5. Need for a verification mechanism for existing subscribers similar to new subscribers.
                              6. Court's satisfaction with the steps taken for identity verification and address verification of mobile phone subscribers.

                              Analysis:
                              1. The petitioner approached the Supreme Court seeking a specific mobile phone subscriber verification scheme to ensure 100% verification. The concern raised was the potential misuse of mobile phones by fake or unverified subscribers for criminal and terrorist activities, necessitating stringent verification measures.

                              2. The Union of India responded by highlighting the implementation of Aadhaar-based E-KYC for issuing mobile connections. The process involved authentication of customers and Point of Sale Agents through biometrics and demographic data from UIDAI. The submission indicated that while a significant number of Aadhaar cards had been issued, not all individuals possessed one, citing reasons such as age or lack of benefit eligibility.

                              3. The Attorney General emphasized the effectiveness of the new procedure, particularly for new mobile subscribers using e-KYC. The application form for new subscribers was mentioned as part of the process aimed at addressing the concerns raised in the petition.

                              4. Regarding existing subscribers, it was noted that over 90% utilized pre-paid connections, necessitating periodic renewal. The Union of India proposed a verification mechanism similar to that for new subscribers to verify existing subscribers, ensuring identity verification and address confirmation.

                              5. The Court, after considering the submissions and factual details, expressed satisfaction with the steps taken to address the concerns raised in the petition. It was acknowledged that an effective process had been established for identity and address verification of new subscribers, with plans to extend similar verification to existing subscribers within a year.

                              6. The Court commended the petitioner for raising the issue and expressed hope that the undertaken measures would be implemented promptly. The petition was disposed of with the expectation that the verification processes for mobile phone subscribers would be diligently carried out as promised by the authorities.
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                              ActsIncome Tax
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