The State Of Maharashtra vs Unique Identificatio Authority Of India Through Its Manager And Ors

CNR No : HCBM010510742019

2026:BHC-AS:42669-DB
sns 32-wp-6019-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.6019 OF 2019
The State of Maharashtra ]
(Through Senior Police Inspector, ]
Anti Terrorist Squat, Navi Mumbai Unit) ] … Petitioner
V/s.
1. Unique Identification Authority of ]
India throught its Manager, ]
Regional Office, Mumbai, ]
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7 Floor, MTNL Exchange Somani ]
Marg, Cuffe Parade Colaba, Mumbai. ]
2. Electronics and Information Technology ]
Dept. (through its Secretary), ]
Government of India, ]
New Delhi. ]
3. Mr. Bakaar Hasan Shaikh, ]
Age: 46 years, ]
R/o. Room No.01, Maruti Niwas, ]
Near Vitthal Mandir, Sector-09, ]
Diva Gaon, Airoli, Navi Mumbai, 400 071 ] … Respondents

Smt. P. P. Shinde, APP for the Petitioner.
Ms. Supriya Kak for the Respondent No.1 and 2.
Mr. I. I. Mulla, PSI, ATS, Navi Mumbai Unit, present.

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
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DATE : 12 October, 2026
Judgment (Per : A. S. Gadkari, J) :-
1) By this Petition under Article 226 of the Constitution of India,
the Petitioner, i.e. Anti Terrorist Squad, Navi Mumbai, seeks a writ of
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Digitally
signed by
SUMEDH
NAMDEO
SONAWANE
Date:
2026.10.21
12:04:22
+0530
SUMEDH
NAMDEO
SONAWANE
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Mandamus, directing the Respondent No.1 to disclose the information,
including the identity information and authentication record of Respondent
No.3 i.e. Mr. Bakaar Hasan Shaikh bearing Aadhar Card No.473616376091,
under Section 33(1) of the Aadhar (Targeted Delivery of Financial and
Other Subsidies, Benefits and Services) Act, 2016 (‘Aadhar Act’).
Respondent No.3 is an accused in C.R. No.03 of 2018, registered with ATS
Police Station, Navi Mumbai.
2) Heard Ms. Shinde, learned APP for the Petitioner and Ms. Kak,
learned Advocate for Respondent Nos.1 and 2. Perused record.
3) It is the prosecution case that, on receipt of confidential
information from reliable sources that, five Bangladeshi Nationals had
illegally entered India and had taken shelter in Juigaon, Post- Kamothe, Tal.
Panvel, District Raigad. On the basis of the said confidential information,
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the Police Officers attached to ATS Navi Mumbai conducted raid on 13
March 2018, in a residential premises situated in a chawl at Juigaon. Five
Bangladeshi Nationals were found residing there. All the five persons were
arrested. It was revealed during the course of investigation that, the said
five persons presented themselves as Indian Nationals and procured Pan
Card, Election ID Card and Aadhar Card with the help of and in connivance
with accused No.6 namely, Mohd. Allauddin @ Munna @ Master Usman
Ansari, Pravin Ananda Patil, Ajay Bhimrao Surve and Vishal Janardhan
Shedge.
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4) The prosecution had filed an Application annexed as Exhibit-1
in Criminal M.A. No.177 of 2018, before the trial Court seeking
information/documents which were supplied by the accused persons to the
Aadhar Authority for obtaining Aadhar Cards in their names.
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5) By its Order dated 4 April 2018, the learned Additional
Sessions Judge, Navi Mumbai, had directed the Respondent No.1 to supply
requisite information of five accused persons as named in the said
Application. In pursuance of the said Order, the prosecution had received
the documents/information of the said five accused persons namely, Yasin
Jalal Shaikh, Mohd. Rafique Ajju Shaikh and Jamal Ismail Husen bearing
Nos.475429878309, 472529674106 and 763737680427 respectively and of
two other accused persons.
6) However, information/documents of Respondent No.3 herein
till date is not received by the Investigating Agency from the Respondent
No.1 for the purpose of the investigation of the said crime.
7) As we have observed in our earlier Orders that, Foreign
Nationals infiltrating Indian border have penetrated deep inside our
country. By procuring Pan Card, Election ID Card and Aadhar Card from the
concerned Authorities by submitting bogus documents, they present
themselves as Indian citizens. This is a matter of serious concern and needs
to be investigated by the concerned Investigating Agency expeditiously. The
persons/co-accused who are helping such Foreign Nationals in infiltrating
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the Indian border and helping them in settling in our country by helping
them further in procuring the Pan Card, Election ID Card and Aadhar Card
must also be thoroughly interrogated and if their role is revealed in the said
crime, they must be prosecuted for their illegal acts as per the provisions of
law and the investigation must be taken to its logical conclusion.
8) In view of the above, we direct the Respondent No.1 to provide
the documents submitted by Respondent No.3 for procuring the Aadhar
Card to the Investigating Agency within a period of two weeks from the
date of uploading of the present Order on the official website of High Court,
Mumbai.
9) Petition is accordingly allowed in terms of prayer clause (a).
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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