Court emphasizes urgency in probing foreign nationals obtaining identity documents with bogus papers; mandates UIDAI to furnish documents within two weeks to aid Anti Terrorist Squad investigation
In a significant ruling on October 12, 2026, the Bombay High Court has directed the Unique Identification Authority of India (UIDAI) to disclose the identity information and authentication records of an accused involved in a criminal case concerning illegal infiltration and procurement of identity documents through fraudulent means. The order was passed in response to a writ petition filed by the Anti Terrorist Squad (ATS), Navi Mumbai, under Article 226 of the Constitution of India.
The case pertains to five Bangladeshi nationals who allegedly entered India illegally and obtained Aadhaar cards, PAN cards, and Election ID cards by submitting bogus documents. The infiltration was uncovered following a raid by the ATS on March 13, 2018, at a residential premises in Juigaon, Panvel Taluka, Raigad district, where the accused were found residing. Investigations revealed that these foreign nationals had colluded with certain Indian co-accused to secure official identity documents, enabling them to pose as Indian citizens.
While the trial court had earlier ordered UIDAI to provide documents related to four of the accused, the Aadhaar data of the fifth accused, Mr. Bakaar Hasan Shaikh (Aadhaar No. 473616376091), remained undisclosed. The ATS approached the Bombay High Court seeking a writ of mandamus to compel the UIDAI to furnish this information to aid the ongoing investigation.
The Court acknowledged the gravity of the issue, highlighting how illegal infiltration facilitated by fake identity documents poses a serious threat to national security. It underscored the importance of expeditious and thorough investigations to dismantle such criminal networks. The Court further noted that those assisting infiltrators in obtaining fraudulent identity documents must be thoroughly interrogated and prosecuted under relevant laws.
Consequently, the Bench comprising Justices A.S. Gadkari and Kamal Khata directed the UIDAI to provide the requested documents related to Mr. Shaikh's Aadhaar enrolment within two weeks from the date of the order's publication. This directive aims to strengthen the investigation and ensure that justice is served promptly.
The judgment reinforces the legal framework under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, particularly Section 33(1), which allows disclosure of Aadhaar information to investigating agencies for effective investigation of offenses.
This ruling marks a decisive step in addressing the misuse of identity documents by foreign nationals and emphasizes the judiciary's proactive role in combating illegal infiltration and identity fraud in India.
Bottom Line:
Aadhaar Act, 2016 - Investigating agency is entitled to seek disclosure of documents/information submitted for obtaining Aadhaar card of an accused involved in criminal case concerning illegal infiltration and procurement of identity documents on basis of bogus papers - High Court can direct UIDAI to furnish such documents for effective investigation.
Statutory provision(s):
Constitution of India, 1950 Article 226, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 Section 33(1)
