Kathmandu. A joint bench of the Supreme Court has quashed the mandatory provision issued by the Nepal Rastra Bank to make it mandatory for banks and financial institutions to submit the National Identity Card (NID) or its number while updating the customer identity (KYC) or changing the mobile number.
The Supreme Court issued the order on Friday after hearing the writ petition filed by advocate Sarita Adhikari on June 8. A division bench of Justices Sapana Pradhan Malla and Meghraj Pokharel issued the order.
Adhikari had filed the writ petition at the apex court under Articles 46 and 133 (2) and 30 of the Constitution naming the Office of the Prime Minister and Council of Ministers, the Ministry of Home Affairs, Department of National Identity Card and Registration, Nepal Rastra Bank and Nepal Investment Mega Bank Limited as defendants.
In the writ, it was argued that millions of general public, senior citizens, persons with disabilities and those without technical access had been deprived of operating their bank accounts and using financial services while making the national identity card mandatory for the banks in coordination and direction of the Nepal Rastra Bank and the Ministry of Home Affairs.
The Integrated Directive of the Nepal Rastra Bank, 2082 (E.P. Directive No. 19. 082) to the extent that the National Identity Card or National Identity Card Number is made the sole basis of citizen identity, the said provision is void by the order of certiorari.
A mandamus has been issued in the name of the defendants to provide banking services on the basis of the citizenship certificate and other identity documents on the basis of the citizenship certificate until the national identity card or the national identity card number is obtained. After this decision, the citizens who do not have the national identity card or do not get the number will also get banking services easily on the basis of citizenship and other identity cards.
Earlier, the government had decided to make the national identity card mandatory for the renewal of social security allowance in a phased manner from July 1, 2081. But after widespread opposition, the government was forced to postpone its deadline.
Order of the Law for Data Privacy
A directive order has been issued in the name of the defendants to proceed with the process of making an independent law on overall data protection for the complete protection of personal data, guarantee of privacy and protection of digital rights. The court has ordered the enactment of a separate Data Protection Act for the protection and privacy of personal data, which is expected to create a long-term legal basis for the protection of personal data of citizens.
An order of eviction is issued to null and void a decision or order made by a public body or official in violation of jurisdiction or unlawfully.
