Delhi High Court Allows Police's Plea To Verify 'Forged Aadhar Card' Details Of Accused With Aadhar Data Bank
The Delhi High Court has recently directed the Unique Identification Authority of India (UIDAI) to provide to the Delhi Police all information pertaining to a “forged Aadhar card”, recovered from a man accused of supplying fake currency notes, for verifying it with the Aadhar data bank.Justice Manoj Kumar Ohri allowed Delhi Police's plea seeking verification of the forged Aadhar card with...
The Delhi High Court has recently directed the Unique Identification Authority of India (UIDAI) to provide to the Delhi Police all information pertaining to a “forged Aadhar card”, recovered from a man accused of supplying fake currency notes, for verifying it with the Aadhar data bank.
Justice Manoj Kumar Ohri allowed Delhi Police's plea seeking verification of the forged Aadhar card with the database, after the details did not match with the accused when checked on the UIDAI website.
“…the respondent No.1 authority (UIDAI) is directed to provide all the relevant information qua the Aadhar Number mentioned in the letter…. dated 20.04.2022 addressed to Director, UIDAI, as per the provisions of the Aadhar Act,” the court said.
In August 2021, Delhi Police's Special Cell received an information that one Riyazuddin was involved in the supply and giving of fake Indian currency notes. A trap was laid and he was apprehended with 6 fake notes of Rs.2,000 and 16 fake notes of Rs.500.
The FIR was filed for the offences under Section 489B (Using as genuine, forged or counterfeit currency-notes or bank-notes), 489C (Possession of forged or counterfeit currency notes or bank-notes) and 120B (criminal conspiracy) of the Indian Penal Code, 1860.
During personal search, an Aadhar Card bearing the name Riyazuddin and having his photo was recovered. However, another Aadhar Card bearing the name Rohit, also having his photo, was also recovered from his card.
As per the Delhi Police, the Aadhar Card found with the name of Rohit was forged, was used to obtain a mobile number and make reservations in certain hotels. A subsequent chargesheet was filed later invoking other offences against the accused.
A letter was sent by the Delhi Police on April 20, 2022, to the Director of UIDAI seeking verification of the the particulars of the forged Aadhar Card. However, the request was denied, stating that necessary orders in terms of the Aadhar Act be obtained from the High Court.
The Delhi Police contended that the information sought falls within the ambit of “identity information” as defined in Section 2(n) of the Aadhar Act. It was contended that the information sought from the UIDAI was crucial for proper investigation and adjudication of the case.
The Police also said that the disclosure of such information in no manner amounted to an invasion of the right to privacy of the card holder.
Allowing the plea, Justice Ohri said that interest of justice would be served if the information as sought by the Delhi Police is provided.
Counsel for Petitioner: Mr. Laksh Khanna, APP for State
Counsel for Respondents: Mr. Sushil Raaja and Mr. Kapil Dev Yadav, Advocates for respondent No.1; Ms. Tanushree Chakraborty and Mr. Nazim, Advocates for respondent No.2
Title: STATE GOVT. OF NCT OF DELHI v. UNIQUE IDENTIFICATION AUTHORITY OF INDIA, & ANR.
Citation: 2024 LiveLaw (Del) 585