2017 (2) TMI 1289 - SC - Indian Laws

Mobile phone subscriber verification scheme - It is the prayer of the petitioner, that the identity of each subscriber, as also, his/her address should be verified, so that no fake or unverified phone subscriber, can misuse a mobile phone - Held that - the prayers made in the writ petition have been substantially dealt with, and an effective process has been evolved to ensure identity verification, as well as, the addresses of all mobile phone subscribers for new subscribers - In the near future, and more particularly, within one year from today, a similar verification will be completed, in the case of existing subscribers - petition allowed.

Summary

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.