Supreme Court declines to interfere with Madras High Court’s order halting DMK’s use of OTP for enrolment. Judges say, “The whole process is suspect.”
New Delhi: On August 4, the Supreme Court has declined to interfere with the Madras High Court’s interim order that stopped the DMK party from using OTP (One-Time Password) verification messages for its ongoing membership campaign named ‘Oraniyil Tamil Nadu’.
The top court refused to put a stay on the High Court’s decision, highlighting concerns related to data privacy and citizens’ protection.
A bench of Justices P S Narasimha and A S Chandurkar heard the matter and dismissed the DMK’s appeal challenging the High Court’s injunction.
While delivering their decision, the Supreme Court observed,
“The whole process is suspect.”
The bench added,
“The court has to protect the citizens. Go back to the high court. We are not inclined to interfere in the matter. Dismissed.”
The DMK was represented by senior advocate P Wilson, who argued before the court that the party was not collecting Aadhaar details from the public.
He said the Madras High Court had passed the interim order without any request for an injunction being made in the original petition.
He added that the order had disrupted the entire enrolment programme of the party. Wilson submitted,
“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.”
The controversy started on July 21, when the Madras High Court issued an interim injunction stopping the DMK from sending OTP-based messages to people as part of its membership drive.
The High Court noted that the issue involved serious concerns regarding personal data protection and the right to privacy under the Indian Constitution. It stated that these concerns needed proper judicial examination.
The court had said that personal information was being collected during the enrolment process, which made it necessary to evaluate the matter cautiously.
The High Court’s order came while it was hearing a public interest litigation (PIL) filed by S Rajkumar, a resident of T Athikarai village in Sivaganga district, Tamil Nadu.
In his plea, Rajkumar alleged that DMK party workers and local functionaries were collecting people’s personal information, including Aadhaar data, under the banner of the ‘Oraniyil Tamil Nadu’ drive.
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The Supreme Court’s refusal to grant relief means that the DMK must now return to the Madras High Court to seek further clarification or modification of the interim order.
The ruling also underscores the judiciary’s growing concern over data privacy issues, especially in political campaigns that involve mass outreach and digital tools.
Background of the Case
The PIL was filed by an advocate associated with the opposition All India Anna Dravida Munnetra Kazhagam (AIADMK). It alleges that the DMK is unlawfully collecting sensitive personal information from the public — including Aadhaar numbers, OTPs (One-Time Passwords), ration cards, bank passbooks, voter IDs, and mobile numbers — under the guise of its ‘Oraniyil Tamil Nadu’ membership campaign.
This drive, according to the petition, aims to enroll nearly 30% of the state’s electorate ahead of the 2026 Tamil Nadu Assembly elections.
The petitioner has accused the DMK of coercive tactics, particularly targeting women, and misusing Aadhaar authentication to build a politically aligned database of voters.
The PIL argues that these actions violate the Aadhaar Act, 2016, and the Supreme Court’s judgment in Justice K.S. Puttaswamy v. Union of India, which upheld the fundamental right to privacy under Article 21 of the Constitution.
In response, the DMK has categorically denied all allegations. The party’s counsel informed the court that Aadhaar data is neither being collected nor used for authentication.
According to the DMK, the OTP system mentioned is merely a tool to record an individual’s voluntary consent to become a member — not for identity verification.
The party further clarified:
“Members are being enrolled purely on the basis of the Electoral Roll released by the Election Commission. No documents like Aadhaar, ration card, or passbook are being collected. The PIL is based on misinformation spread by AIADMK.”
Though the High Court has not imposed a complete ban on the DMK’s membership initiative, it passed an interim order restraining the use of Aadhaar and OTP-based data collection until further notice.
Notably, the court also issued notices to the Election Commission of India (ECI) and the Unique Identification Authority of India (UIDAI) to seek their views, highlighting the matter’s constitutional and regulatory importance.
The DMK has since temporarily paused its campaign and filed an impleading petition, requesting to be fully heard before any final decision is rendered.
The court acknowledged this and assured that “no adverse finding should be made without first giving the respondents a fair opportunity to present their case,” thereby reaffirming the principle of natural justice.
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