The High Court of Karnataka on Monday passed an order clarifying that the state cannot deny benefits to a citizen on the ground that Aarogya Setu application has not been installed on the cell phone. The bench gave the last opportunity to the Union government to file a statement of objections and posted the matter to November 10 for considering the interim prayer.
A division bench headed by Chief Justice Abhay Shreeniwas Oka passed this order on the PIL by Anivar A Aravind, who described himself as a digital rights activist, challenging various protocols that mandate downloading of Aarogya Setu application. The petition said such orders violate the right to privacy and other fundamental rights.
The counsel appearing for the Union government said that orders issued by the National Executive Council make it clear that downloading of the application was not mandatory to avail of any services. However, the advocate appearing for the petitioner contended that despite such an order, several circulars had been issued making it mandatory.
“We must clarify that in the absence of any legislation, neither the state government nor the central government and its agencies or instrumentalities can deny any benefit to a citizen only on the ground that he has not installed Aarogya Setu application on his cell phone,” the bench said.
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