PAN Not To Be Declared Inoperative Due To Non-Linking With Aadhaar Until Aadhaar Act Attains Finality: Gujarat HC [Read Order]

As the validity of the Aadhaar Act is under consideration by the Supreme Court, the Gujarat High Court has held that until a final verdict in that matter, the authorities will not declare a PAN inoperative due to non-linking of Aadhaar. "in the opinion of this court, with a view to balance the equities, the applicant needs to be protected by directing that his PAN shall not be declared inoperative and the applicant may not be subjected to the proviso to sub-section of section 139AA of the Act till the judgment of the Supreme Court in Rojer Mathew v. South Indian Bank Ltd. is delivered and available. Thus, the court held that the Petitioner's PAN will not be declared inoperative and he would not be in default in any proceedings only for the reason that his PAN is not linked with Aadhaar, till the judgment of the Supreme Court in the Rojer Mathew v. South Indian Bank Ltd. is delivered and available. The court explained, "if the applicant is directed to abide by the provisions of section 139AA of the Act, in the event the challenge to the Aadhaar Act being introduced as a Money Bill were to succeed, it would not be possible to turn the clock back as the applicant would be required to provide all the necessary information for obtaining an Aadhaar card and the claim of privacy of the applicant would be lost for all times to come."