Delhi HC Directs UIDAI To Give Information Regarding Fake Aadhaar Cards To Police

The Delhi High Court has directed the Unique Identification Authority of India (UIDAI) to provide information relating to over 400 people who were allegedly issued fake Aadhaar cards for enrollment for civil defence training in the national capital.

The order was passed with the consent of the UIDAI.

Justice Chandra Dhari Singh allowed the petition filed by the Delhi government seeking direction to the Unique Identification Authority of India (UIDAI) to disclose information on the Aadhar card holders sought by an investigation agency for probe of a case.

The case was lodged by the Anti Corruption Branch for the alleged offences of criminal conspiracy under the Indian Penal Code and the Prevention of Corruption Act.

"This court is inclined to allow the instant petition. The respondent (UIDAI) is hereby directed to provide all relevant information, qua the persons named in Annexure P-3 of the petition, as required for the purposes of investigation as per the provisions of the Aadhaar Act", the Court directed.

"The investigation agency is also directed to investigate the matter, upon receiving the requested information, with due regard to the provisions of the statute," the court said.

According to the petition, a complaint of Vijender Gupta was received in the Delhi government's Anti Corruption Branch stating that the manner of recruitment of marshals for DTC buses was illegal.

It was further alleged that the recruitment process was manipulated and the district magistrate had issued fake certificates, certifying as Delhi residents for making Aadhaar cards, to over 400 people from his home state Rajasthan and had compelled them to pay Rs 2 lakh per head.

It was alleged that a large number of Aadhaar cards with bogus Delhi addresses were made for people from Rajasthan at the Aadhaar centre functioning in the office of the district magistrate on holidays.

On the basis of the complaint, an FIR was lodged in January 2020.

The prosecutor submitted before the court that the then district magistrate had committed criminal misconduct by abusing official position as public servant with an ulterior motive to give benefit to ineligible people, and in total, around 450 candidates with fake Aadhaar cards who had enrolled for training in civil defence.

She argued that the information sought by the investigation agency was crucial for establishing the forgery committed and disclosure of such an information by the authority in no way amounts to an invasion of the right to privacy of the cardholders.

The Counsel for UIDAI submitted that the authority has no objection in sharing the information being sought, to the extent and in a manner as permissible under the provisions of the Aadhar Act, on being directed by the Court.

Click here to read/download the Order

With PTI inputs