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Constitutional validity of Aadhaar, Day 5: Shadow is becoming larger than the man

This is a record of the proceedings in the Supreme Court bench hearings on the Constitutional validity of Aadhaar. You may read the previous days here: Day 1, Day 2, Day 3, Day 4 Senior Advocate Shyam Divan continued to present the petitioners' case on Day 5, reading from several cases related to the European Convention of Human Rights (ECHR). He read from the Zakharov ECHR case judgment where the court ruled in favour of the Applicant even though he could not prove that he was a target or victim. A 17 judge bench ruled that the mere existence of such a law enabling covert interception of telecommunication by Russia is a violation of Article 8 of the European Convention. The system of covert interception of telecommunication by Russia is a violation of Article 8 of the European Convention - is the claim in that case. Justice Sikri points out another para in support of petitioners from the case where the Court ruled the existence of criminal remedies against abuse is not sufficient protection, citing lack of control to the data subject. Mr. Divan thanked him. Mr Divan proceeded to read from the Digital Rights Ireland case where an obligation imposed by the directive on electronic service providers to retain personal and communication data was struck down. The state's claim of concerns of terrorism was denied saying that the directive does not pass the proportionality test. Mr Divan next referenced the S and Marper v UK, 2008 ECHR case that reversed a House of Lords decision. HoL speaking through…

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