Delhi High Court suspends mandatory biometric attendance for prosecutors

The Delhi High Court has temporarily stayed a government order requiring public prosecutors to record daily attendance through Aadhaar. The next hearing is scheduled for December.

Justice Amit Mahajan stayed an October 5 directive from the Directorate of Prosecution in Delhi. It required prosecutors to record attendance each day through the Aadhaar Enabled Biometric Attendance System or a mobile app at their district court complex or the district in-charge’s office.

The Delhi Prosecutors’ Welfare Association filed the petition. Its lawyers argued that public and additional public prosecutors are officers of the court, appointed under Sections 18 and 19 of the Bharatiya Nagarik Suraksha Sanhita, and that their presence is already recorded in judicial order sheets. The association says mandatory biometric registration is arbitrary, lacks a reasoned basis and conflicts with Aadhaar law and privacy rights.

The petition also says a prosecutor’s work is centred on the court. Before hearings begin at 10 a.m., prosecutors confer with investigators, review police files, check whether witnesses are present and prepare remand and bail matters. They then remain in court until proceedings end. The association argues that a rigid attendance system adds administrative work and may distract prosecutors from their duties, delaying cases.

Authorities had earlier rejected the association’s representation against the system, saying it lacked merit and that attendance marking was necessary. The court issued notice on the petition. The next hearing is due in December.