SC refuses to stay Madras HC order restraining DMK from using OTP verification

The Supreme Court on Monday refused to stay an interim injunction by the Madras High Court against the use of OTP verification messages for the DMK's enrolment drive 'Oraniyil Tamil Nadu'.

A bench of Justices P S Narasimha and A S Chandurkar dismissed the appeal filed by the DMK, saying the issue is sensitive. The whole process is suspect, it said.

"The court has to protect the citizens. Go back to the high court. We are not inclined to interfere in the matter. Dismissed," the bench said.


Senior advocate P Wilson, appearing for the DMK, submitted that the party was not collecting Aadhaar details.

He contended that the high court had wrongly passed the order as there was no injunction sought in the matter.

"My whole programme has come to a standstill. 1.7 crore members have come and offered thematic. I am doing what other parties like BJP and Aam Aadmi Party are doing. I am not collecting Aadhaar details," Wilson said.

On July 21, the high court issued an injunction restraining the DMK from using OTP verification messages for its enrolment drive, saying the matter involves aspects of data protection and privacy which are to be examined by the court.

The HC said since personal data is being collected from people, the PIL raises serious concerns about the right to privacy and the infrastructure available for data protection.

It passed the order while hearing a plea filed by S Rajkumar, a resident of T Athikarai village in Sivaganga district.

The plea said DMK cadres and functionaries are collecting the personal and Aadhaar details from the public in his locality under the guise of 'Oraniyil Tamil Nadu'.