The hearing of the case related to the Special Register of Indian (SIR) has started in Bihar in the Supreme Court. During this time, senior Congress lawyer Kapil Sibal said that it is very important to decide whether Aadhaar can be recognized as evidence of citizenship or not. He said that some steps being taken by the Election Commission are not in line with the orders of the Supreme Court and it should be given immediate attention.

During the hearing, the judge asked Sibal, “We are unable to understand why you put so much emphasis on the basis of every hearing? Are you considering it as evidence of citizenship?” Kapil Sibal clarified, “We are not saying so, but the court order said that Aadhaar should also be recognized. Taking a decision on this basis should be part of the judicial process.” Kapil Sibal said in front of the court that it is necessary to decide whether the Aadhaar is valid or not. He also questioned the Election Commission and said that the action that the Commission is taking is wrong and the orders of the Supreme Court are not being followed.

Kapil Sibal gave this argument

Kapil Sibal further said that BLO (BOTH Level Officer) is not accepting this, while he has received its oral order. He told the court that it is necessary to give clear instructions in this case. He further said that the Election Commission has issued a ‘show cause’ notice to those officers who did not accept Aadhaar. He said that the court needs to give clear guidelines so that the order of the Supreme Court can be ensured.

Notice of notice

The judge asked to see the notice. Sibal read it and narrated it. After this, Election Commission lawyer Rakesh Dwivedi explained the situation to the court. He said that the order of the Supreme Court has been widely publicized and people are also uploading copies of Aadhaar online, but clarified that the Commission cannot consider Aadhaar as evidence of citizenship. The judge questioned the topic of the notice that no other documents other than 11 documents could be accepted for citizenship. Dwivedi said that he has to see this, because he does not have the notice of another party.

“Aadhaar will be considered a proof of identity”

The judge clarified that in addition to passport and birth certificate, no other documents of 11 documents can be considered as evidence of citizenship. Sibal proposed that Aadhaar should be declared as 12th document. The judge said, “Aadhaar is not a proof of citizenship, but under the Representation of the Public Representation Act, it can be recognized as evidence of identity.”

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