UIDAI Can Be Directed To Provide Aadhar Data About Missing Person In Habeas Corpus Plea: Delhi High Court

The Delhi High Court has observed that the Unique Identification Authority of India (UIDAI), in a habeas corpus petition involving exceptional circumstances, can be directed to provide the Aadhar data about a missing person, even without being afforded a prior hearing.

A division bench headed by Justice Prathiba M Singh observed that in a habeas corpus case, there is a sense of urgency with which the Court has to act as the missing person could be in danger.

“UIDAI can also be directed by the High Court dealing with the Habeas Corpus petition, in exceptional cases such as the present one, to disclose the data to the Court in a sealed cover, even without being afforded a prior hearing,” the bench also comprising of Justice Amit Sharma said.

The bench was dealing with a habeas corpus plea filed by a daughter seeking production of her mother who was missing since May 2019.

It was the daughter's case that despite best efforts of the Delhi Police, her mother could not be traced and that the Aadhar card of her mother had been updated recently.

In its report filed in a sealed cover, the UIDAI informed court that the address details of the mother had been changed. This was as per the contact and other details with the authority (without biometric data).

The bench observed that under normal circumstances, the data given by any individual for preparing an Aadhar card would be personal data and would be governed by the law of privacy. However , it added, that sometimes there are exceptions to the position, like the present case where the daughter was seeking a writ of habeas corpus for production of her mother. It added that when the Aadhar Card of the missing person may have been updated, the Court, while dealing with habeas corpus petition, would not be able to hear such an individual who is missing.

Observing that the only available information was on the basis of updated Aadhar card information of the mother, the court said:

“Accordingly, the updated address and mobile number etc., as per the latest Aadhar Card data, of the mother of the Petitioner has been provided to the Delhi Police, who shall now carry out the investigation and file an updated status report with regard to the whereabouts of the mother of the Petitioner. Let an updated status report be filed by the Delhi Police,” the bench directed.

It said that if there was any updating or editing of information with regards to the Aadhar card of the mother by the next date of hearing, the same shall be provided in a sealed cover to the Court by UIDAI.

The matter will now be heard on August 20.

Title: VANDANA v. STATE THROUGH SHO PS AMAR COLONY & ANR.

Citation: 2024 LiveLaw (Del) 863

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