Bombay HC Directs UIDAI To Give ATS Accused Man’s Aadhaar Application Papers In Probe Into Bangladeshi Nationals’ Alleged Use Of Bogus Documents

The Anti-Terrorist Squad, Navi Mumbai, investigated a case involving five Bangladeshi nationals alleged to have entered India illegally and obtained Indian identity documents, including Aadhaar cards, with assistance from others

The prosecution applied to the trial court for information and documents submitted to obtain Aadhaar cards. The trial court directed the UIDAI to provide information concerning five accused, and the prosecution received material relating to those persons, but not relating to Respondent No. 3, Bakaar Hasan Shaikh.

The State petitioned under Article 226 seeking a direction to the UIDAI to disclose Respondent No. 3’s identity information and authentication record under Section 33(1) of the Aadhaar Act, 2016.

1. Whether the UIDAI should be directed to provide the investigating agency with the documents submitted by Respondent No. 3 to obtain an Aadhaar card.

2. Whether the requested Aadhaar-related material was required for the investigation into the alleged procurement of identity documents by foreign nationals.

Article 226 of the Constitution empowers the High Court to issue writs, including mandamus, to grant appropriate public-law relief.

Section 33(1) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, was invoked as the statutory basis for seeking disclosure of Aadhaar-related information.

The judgment does not cite precedent or set out a broader test for disclosure under Section 33(1); it grants the requested direction in the circumstances of the investigation.

The Court noted that the investigation concerned allegations that foreign nationals had obtained Indian identity documents using bogus documents, and that the investigating agency had not received the material relating to Respondent No. 3 despite the trial court’s earlier direction concerning other accused.

Considering the seriousness of the alleged conduct and the need for the investigation to proceed to its logical conclusion, the Court directed the UIDAI to provide the documents submitted by Respondent No. 3 to obtain his Aadhaar card.