Moved SC against Delhi govt's ration delivery: Centre

On Wednesday, the Delhi government told the court that it has filed an application seeking a modification in the direction where the court directed that detailed information of the card-holders be disclosed to FPS dealers.

The Centre on Wednesday told the Delhi high court that it has moved the Supreme Court against the state government’s doorstep ration of delivery policy — one that has led to a months-long battle between the Union and state governments.

The scheme has led to a long battle between Delhi, Centre. (AFP)

A bench of justices Vipin Sanghi and Jasmeet Singh was informed by Monica Arora, the Union government standing counsel, that they moved the apex court against a September 27 order of the high court that paved the way for the scheme by allowing the Delhi government to cut supply to fair price shops (FPSs).

In that order, the Delhi government the high court ordered the curtailing of the supplies to FPSs on account of those who have opted for the doorstep delivery of foodgrains. While noting that there was no stay on the implementation of the doorstep delivery of ration scheme, the court also directed the Delhi government to issue communications to all FPS dealers, informing them of the particulars of cardholders who have opted to receive ration at their doorstep.

On Wednesday, the Delhi government told the court that it has filed an application seeking a modification in the direction where the court directed that detailed information of the card-holders be disclosed to FPS dealers.

Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, said that people with vested interests were trying to scuttle the roll out of the scheme, and beneficiaries were being misled by false rumours and incorrect information through posters and pamphlets.

Saying that 6.9 million people out of the total 7.2 million registered beneficiaries opted for the scheme, Singhvi apprehended that the data of those obtaining the doorstep delivery of ration would be misused.

“…that the data sought by the petitioner association such as details of the head of the family, his/her Aadhaar number, mobile number, residence etc. is confidential in nature, and the disclosure thereof would be counterproductive to public interest… that the disclosure of such information by these persons / beneficiaries under the NFSA to the government has been made in a fiduciary capacity and it is incumbent on the government to protect their right to privacy,” it added.

However, the court said that the information had to be given since the verification of the numbers cited by them was needed. It said that there should be some transparency and in any event such information can also be availed through Right to Information Act.

“We are not asking you to part information about the Aadhaar card. Being the fair price owners they will have basic information as to who is the head of the family, ration card number, address, how many members in the family, allocation of food grains…Whatever is there is in the ration card,” justice Sanghi said.

The court also said assuming that the petition by the ration dealers’ association is dismissed, it would still not solve the dispute between the Union government and Delhi in implementation of the scheme.

To this, Singhvi said that the Delhi government does not have any problem in sharing the information with the court, but that such confidential details cannot be given to FPS dealers. He said if required, he will file the information to the court in a sealed cover.

The court issued notice to the Centre and the ration dealers’ association. It also sought the response of the Centre and the Delhi government on a plea by the association seeking other modifications in the September 27 court order.

The Delhi government’s doorstep delivery of ration scheme was launched on March 25, but the Union food and consumer affairs ministry wrote to the Delhi government on March 19 raising two objections — the use of the term “mukhyamantri (chief minister)” for a scheme involving the distribution of food grains allocated under the National Food Security Act (NFSA), and that any change in the delivery mechanism requires an amendment in NSFA that can be done only by Parliament. The term “mukhyamantri” was later dropped from the scheme’s name.

HT reported on October 19 that the Centre filed an application in the high court saying that the Delhi government may launch its scheme for the doorstep foodgrains delivery, but cannot take steps that mitigate the National Food Security Act (NFSA).

The Delhi government has maintained that the scheme does not violate the NFSA, and that several states were already running similar programmes.