Recently, the Delhi High Court instructed the Unique Identification Authority of India (UIDAI) to furnish all information related to a “forged Aadhar card” recovered from a man accused of distributing counterfeit currency notes. This information is to be used by the Delhi Police for verifying the card with the Aadhar database.
Justice Manoj Kumar Ohri granted the Delhi Police’s request to verify the forged Aadhar card against the database after initial online verification through the UIDAI website failed to match the details with the accused.
The court directed the UIDAI (respondent No.1 authority) to provide all relevant information regarding the Aadhar Number mentioned in the letter dated April 20, 2022, addressed to the Director, UIDAI, in accordance with the provisions of the Aadhar Act.
In August 2021, the Delhi Police’s Special Cell received information that Riyazuddin was involved in the distribution of counterfeit Indian currency notes. Following this, a trap was set, and Riyazuddin was apprehended with 6 fake notes of Rs.2,000 and 16 fake notes of Rs.500.
An FIR was registered under Sections 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 a personal search, an Aadhar Card bearing the name Riyazuddin and his photo was found. Additionally, another Aadhar Card bearing the name Rohit, with his photo, was also recovered from him.
According to the Delhi Police, the Aadhar Card under the name Rohit was forged and used to obtain a mobile number and make reservations at certain hotels. Subsequently, a chargesheet was filed invoking additional offenses against the accused.
On April 20, 2022, the Delhi Police sent a letter to the Director of UIDAI requesting verification of the particulars of the forged Aadhar Card. However, the request was denied, stating that necessary orders under the Aadhar Act must be obtained from the High Court.
The Delhi Police argued that the requested information falls within the definition of “identity information” under Section 2(n) of the Aadhar Act. They emphasized that this information is crucial for conducting a proper investigation and adjudication of the case.
The Police asserted that disclosing such information does not violate the card holder’s right to privacy in any way.
Granting the plea, Justice Ohri stated that providing the information as requested by the Delhi Police would serve the interests of justice.
Petitioner’s Counsel: Mr. Laksh Khanna, Additional Public Prosecutor for the State
Respondents’ Counsel: Mr. Sushil Raaja and Mr. Kapil Dev Yadav, Advocates for respondent No.1; Ms. Tanushree Chakraborty and Mr. Nazim, Advocates for respondent No.2
