Kerala High Court Admits Investigating Officer's Plea Requesting UIDAI To Disclose Biometric Data To Nab Culprit From Fingerprint

Justice PV Kunhikrishnan admitted the matter and served notice on Central Government Counsel for Deputy Director, UIDAI and Secretary of the Ministry of Electronics and Information Technology.

The plea stated that there were various suspicious circumstances surrounding the death of the victim, such as his parents stating that clothing on the body did not belong to him. It highlighted that the victim’s purse was missing and a ten-rupee note was found near his body. 

Reportedly, even after investigation, the culprits involved in the homicide could not be identified, and strangely, after the body of the deceased was buried, coconuts started appearing in the graveyard. With the help of experts, a fingerprint on a copper sheet placed inside a coconut was found, which is likely to be of the culprit. 

The Investigation Officer searched the directories of the Wayanad District Finger Print Bureau, Automated Finger Print Identification System and National Automated Finger Print Identification System for identification of the culprit using the sample fingerprint but could not trace any suspect. It was submitted that the only way left was to search the biometric data possessed by UIDAI.

Initially, the Investigating Officer submitted a request letter to UIDAI to get Aadhaar details of the suspect through the fingerprint. But the request was rejected stating that disclosure of any information under Section 33 of the Aadhaar Act was permissible only through an order of the Court. Accordingly, the petition was filed.

“Section 33 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 deals with the disclosure of information in certain cases. The proviso of the Section 33 (1) of the Act states that, no order by the Court under this subsection shall be made without giving opportunity of hearing to the authority and the concerned Aadhaar number holder", the plea mentioned.

The matter has been posted for further consideration on December 04, 2023. 

Case Title: State of Kerala represented by the Deputy Superintendent of Police Crime Branch Wayanad v. UIDAI Represented by Deputy Director General & Others, WP (CRL.) 1156/2023