time of collection of data refused to pay even the nominal fee at the time of receipt of the

card.

As a result of the above HCL sustained huge losses and stopped performing its part of the
contract. The Government on being apprised of the same filed a case for breach of contract
against HCL before the High Court of Delhi. Before the High Court, HCL argued that the
contract under present circumstances had become impracticable to perform taking into
consideration the purpose of the contract that the parties had intended at the time of entering
into it. HCL also argued that being in violation of the fundamental right to privacy, the
contract would even otherwise be void on the grounds of public policy. The Government on
its part argued that based on the contract it had with HCL, it entered into subsequent contracts
with other parties for hiring of space and personnel for carrying out the Scheme and has spent
thousands of crores on it already. The High Court weighing the arguments on both sides
decided the matter in the favour of the Government.

Aggrieved by the decision of the High Court, HCL filed a Special Leave Petition in the
Supreme Court of India. The Supreme Court, considering the relation between the two
petitions clubbed them together for hearing. Although the ongoing PIL is admitted by the
Supreme Court for consideration on merits, the maintainability of the Special Leave Petition
before the Supreme Court is challenged by the Government.