Delhi High Court stays order mandating Aadhaar biometrics-enabled attendance for prosecutors
The Delhi High Court has stayed a government order requiring public prosecutors to use a biometric attendance system. The prosecutors argued that the mandate is arbitrary and interferes with their court-centric duties and judicial independence.
Why it matters
This case highlights the tension between administrative digitization in government offices and the unique operational requirements of legal professionals.
The Delhi High Court on Friday (October 9, 2026) stayed an order of the city government mandating public prosecutors in trial courts to mark their attendance daily through the Aadhaar Enabled Biometric Attendance System (AEBAS).
Justice Amit Mahajan issued notice on a petition by the Delhi Prosecutors' Welfare Association challenging the order issued by the Delhi government's Directorate of Prosecution on October 5.
According to the directive, all prosecuting officers must mark daily attendance on the biometric attendance machine or on their mobile phones through the attendance App at their respective district court complex/office of the district in-charge.
The petitioner, represented by senior advocates N. Hariharan, Ashish Mohan and Sacchin Puri, contended that public prosecutors and additional public prosecutors are officers of the court, appointed under sections 18 and 19 of the Bharatiya Nagarik Suraksha Sanhita, and their presence is recorded daily in the judicial order sheets.
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