Delhi High Court Orders State to Address Prosecutors’ Biometric System Concerns
The Delhi High Court has directed the Delhi government to make a decision within four weeks regarding a plea from public prosecutors challenging the Aadhaar-based biometric attendance system. This directive was issued by Justice Swarana Kanta Sharma on August 17, following a petition from the Delhi Prosecutors Welfare Association that seeks to annul the government’s circular mandating biometric attendance for public prosecutors.
The petition, titled Delhi Prosecutors Welfare Association Vs State GNCT of Delhi and Anr, contests two circulars enforcing the Aadhaar Enabled Biometric Attendance System (AEBAS) for public prosecutors. The association argued that due to the nature of their duties, which require visiting various courts, police stations, and other locations, the biometric system is unfeasible. They claimed that the presence of prosecutors is already documented in court records and proceedings.
The association also noted that the biometric system was implemented without considering their previous objections to the government. As an alternative, they proposed a court-centric attendance system that aligns with the work and responsibilities of public prosecutors.
Court Converts Plea into Representation
The court has transformed the plea into a representation to the relevant authorities within the Delhi government, instructing the State to resolve the matter within four weeks from the date of the order. Justice Sharma stated, “This Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of four weeks from date, under intimation to the petitioner herein, after giving a personal hearing to the petitioner.”
The court has also provided the association with the liberty to return to the court should they have further grievances.
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Legal Representation
Representing the association were Advocates Krishan Kumar, Rajesh Mishra, and Anubhav Kumar. The Delhi government’s legal team included Standing Counsel Avnish Ahlawat, along with advocates Nitesh Kumar Singh, Aliza Alam, and Mohnish Sehrawat.
The court’s order offers a pathway for the Delhi Prosecutors Welfare Association to address their concerns regarding the implementation of the biometric system, ensuring that the specific needs and work requirements of public prosecutors are considered by the Delhi government.
