Mahatma Gandhi did not have to file a public interest litigation to seek freedom, observed the Bombay High Court on Monday as it asked 25 petitioners, who do not have an Aadhaar and want to be allowed to file their income tax returns, to reconsider their challenge to the I-T Act.

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A division bench of justices SC Dharmadhikari and BP Colabawala said they do not find any legal justification in not quoting Aadhaar while filing I-T returns. 

Section 139 AA 1(i) of the I-T Act makes it mandatory for individuals to quote Aadhaar for online returns filing.

The court dismissed the petitioners’ apprehensions that their personal details would be shared and be available in public domain once they get an Aadhaar. 

The bench said, “The concept of surveillance state exists, even without the Aadhaar card. Today Google knows more about Justice Dharmadhikari than maybe himself and it is available to everyone.” 

The court said personal details are collected for credit cards, driving licence and flight tickets. 

“Everything is easily available.” The court will hear the matter next on August 29.

The 25 petitioners, including teachers, architects, journalists, and activists, have appealed to the HC to direct the Central Board of Direct Taxation and the Income Tax department to accept their returns without Aadhaar data.

To buttress their stand, the petitioners relied on judgments of two high courts granting similar reliefs.

Senior advocate Mihir Desai, who represented the petitioners, argued that Aadhaar leads to centralised storage of personal details which increase the chances of the data being leaked. 

The bench made it clear that it won’t pass any orders or even go with other HC judgments. “Protest and challenge is one thing but mere protesting without any rights will not enable this court to grant any relief. For everything, we do not have a medicine. “

Earlier, Additional Solicitor General Anil Singh too opposed the petition. He contended, “It is a statutory provision and not under challenge, thus we have to go by the law.” Singh said the Supreme Court has given extension till next year on linking of Aadhaar and PAN card, but there is no stay on quoting Aadhaar for I-T returns filing.