Court allows investigative access to Aadhaar data to address foreign nationals' illegal document procurement under Section 33(1) of the Aadhaar Act.
In a significant ruling on August 10, 2026, the Bombay High Court, comprising Justices A. S. Gadkari and Kamal Khata, issued a directive to the Unique Identification Authority of India (UIDAI) to disclose identity information and authentication records related to an ongoing investigation involving alleged illegal infiltration by a Bangladeshi national. This decision was made in response to a writ petition filed by the State of Maharashtra, seeking crucial Aadhaar-related data under Section 33(1) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
The case emerged from a complaint by Ms. Pallavi Doiphode, alleging that the respondent, identified as a Bangladeshi citizen, had illegally entered India and assumed a false identity as "Mukta Vitthal Bhadgade." Investigations revealed that the respondent had acquired various Indian documents, including an Aadhaar card, to falsely establish Indian citizenship.
Despite Section 29 of the Aadhaar Act generally prohibiting the disclosure of Aadhaar information, the court emphasized the exception provided under Section 33(1), which allows high courts to direct such disclosures for investigative purposes. This exception is deemed crucial in addressing the issue of illegal infiltration and the procurement of fraudulent documents by foreign nationals, an issue that has posed significant challenges to Indian authorities.
The court noted the recurring instances of foreign nationals infiltrating India's borders and obtaining forged documents to assume Indian identities. It stressed the need for coordinated efforts among government agencies to prevent such practices and ensure the deportation of individuals who misuse the Aadhaar system.
In its order, the court directed UIDAI to furnish the necessary information and documents submitted by the respondent while obtaining the Aadhaar card, enabling the investigating agency to further their inquiries and present findings before the competent court. This disclosure is to be completed within four weeks.
The judgment underscores the balance between safeguarding privacy through Aadhaar data and enabling crucial disclosures to uphold national security and legal integrity.
Bottom Line :
Disclosure of Aadhaar-related information for investigative purposes can be directed under Section 33(1) of the Aadhaar Act, 2016, despite the general prohibition under Section 29 of the same Act, to aid in cases involving illegal infiltration and procurement of fake documents by foreign nationals.
Statutory provision(s): Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 Sections 29, 33(1); Aadhaar and Other Laws (Amendment) Ordinance 2019
