Gujarat High Court
State Of Gujarat vs Unique Identification Authority Of … on 17 June, 2025
NEUTRAL CITATION
R/SCR.A/6094/2023 ORDER DATED: 17/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 6094 of 2023
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STATE OF GUJARAT
Versus
UNIQUE IDENTIFICATION AUTHORITY OF INDIA & ANR.
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Appearance:
MS SHRUTI PATHAK, APP for the Applicant(s) No. 1
MR KSHITIJ M AMIN(7572) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/06/2025
ORAL ORDER
RULE. Learned advocate Mr. Kshitij Amin waives service of
notice of Rule for and on behalf of the respondent No.1.
Though served, respondent No.2 has chosen not to appear
before this Court.
[1.0] By way of present petition under Articles 226 and 227 of
the Constitution of India read with section 482 of the Code of
Criminal Procedure, 1973, the petitioner – State of Gujarat has
prayed for the following reliefs:
“(B) As it is a mandatory to grant the sanction by this Hon’ble High
Court as per the section 33 of the Adhaar Act, 2016, Your Lordships
may be pleased to grant appropriate sanction and direction to the
Adhaar Authority to provide the details of Adhaar Card of the
accused (Respondent No.2);
(C) Your Lordships may kindly allow the present petition and issue
appropriate orders directing respondents to disclose the
information with respect to the Aadhar Card Holders to the
investigation agency for the investigation of the case with C.R.
No.11205007220028 of 2022, punishable under Section 3 ofPage 1 of 5
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NEUTRAL CITATIONR/SCR.A/6094/2023 ORDER DATED: 17/06/2025
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Passport Act, Section 14A(b) of Foreigners Act and Sections 465 and
467 of Indian Penal Code;”
[2.0] Heard learned APP Ms. Shruti Pathak for the petitioner and
learned advocate Mr. Kshitij Amin for the respondent No.1 –
Authority.
[3.0] Perusing the facts of the case, it appears that the
complainant is serving in the Border Security Force and he has
filed a FIR being C.R. No.11205007220028 of 2022 against
respondent No.2 herein for the offences under Section 3 of
Passport Act, Section 14A(b) of Foreigners Act and Sections 465
and 467 of the Indian Penal Code, 1860 with Jakhau Marine
Police Station, Kachchh West-Bhuj, as the respondent No.2
accused trespassed the Indian Border from Bangaladesh and was
roaming around in the border area. After investigation it has
revealed that respondent No.2 – accused is resident of
Bangladesh and has forged some documents and offence is
registered under the Foreigners Act.
[3.1] The respondent No.2 – accused namely Aktar Abdul Hussai
was caught for trespassing the Indian Borders and he has also
forged Aadhar Card and PAN Card which were found from his
possession including the SIM card and he is also holding a bank
account in India and for the purpose of identification and/or
authentication of the Aadhar Card, it is important to get details
of the accused person which can be obtained from the
respondent Authority and for that purpose, the State of Gujarat
has filed the present petition as there is bar under Section 28 of
the Aadhar Act, 2016.
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NEUTRAL CITATION
R/SCR.A/6094/2023 ORDER DATED: 17/06/2025
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[4.0] Considering the security and confidentiality of the
information as well as bar under Section 29 of the Aadhar Act,
2016 and the right of privacy and the provision that such
information can be disclosed only pursuant to the order of the
High Court.
[4.1] Perusing the facts of the complaint as well as the petition,
it appears that the information of the accused who does not
belong to India and who has forged Aadhar Card and other
material documents and to unearth the truth and for coming to
logical end of investigation, information is required. Considering
bar under The Aadhar Act, 2016 and Aadhar (Amended) Act and
other laws, disclosure of information including the identity,
authentication of a person is barred but there is no bar under
Section 33 of the Aadhar Act, 2016 and the High Court is
competent to pass appropriate order in that regard. At this
stage, provisions of sections 28, 29 and 32 of the Aadhar Act,
2016 are required to be referred to, which read as under:
“28. Security and confidentiality of information.- (1) The
Authority shall ensure the security of identity information and
authentication records of individuals.
(2) Subject to the provisions of this Act, the Authority shall
ensure confidentiality of identity information and authentication
records of individuals.
(3) The Authority shall take all necessary measures to ensure
that the information in the possession or control of the Authority,
including information stored in the Central Identities Data
Repository, is secured and protected against access, use or
disclosure not permitted under this Act or regulations made
thereunder, and against accidental or intentional destruction, loss
or damage.
(4) Without prejudice to sub-sections (1) and (2), the Authority
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NEUTRAL CITATIONR/SCR.A/6094/2023 ORDER DATED: 17/06/2025
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shall– (a) adopt and implement appropriate technical and
organisational security measures; (b) ensure that the agencies,
consultants, advisors or other persons appointed or engaged for
performing any function of the Authority under this Act, have in
place appropriate technical and organisational security measures
for the information; and (c) ensure that the agreements or
arrangements entered into with such agencies, consultants,
advisors or other persons, impose obligations equivalent to those
imposed on the Authority under this Act, and require such agencies,
consultants, advisors and other persons to act only on instructions
from the Authority.
(5) Notwithstanding anything contained in any other law for
the time being in force, and save as otherwise provided in this Act,
the Authority or any of its officers or other employees or any
agency that maintains the Central Identities Data Repository shall
not, whether during his service or thereafter, reveal any
information stored in the Central Identities Data Repository or
authentication record to anyone: Provided that an Aadhaar number
holder may request the Authority to provide access to his identity
information excluding his core biometric information in such
manner as may be specified by regulations.
29. Restricting on sharing information.- (1) No core biometric
information, collected or created under this Act, shall be– (a)
shared with anyone for any reason whatsoever; or (b) used for any
purpose other than generation of Aadhaar numbers and
authentication under this Act.
(2) The identity information, other than core biometric
information, collected or created under this Act may be shared only
in accordance with the provisions of this Act and in such manner as
may be specified by regulations.
(3) No identity information available with a requesting entity
shall be– (a) used for any purpose, other than that specified to the
individual at the time of submitting any identity information for
authentication; or (b) disclosed further, except with the prior
consent of the individual to whom such information relates.
(4) No Aadhaar number or core biometric information
collected or created under this Act in respect of an Aadhaar number
holder shall be published, displayed or posted publicly, except for
the purposes as may be specified by regulations.
30. Biometric information deemed to be sensitive personal
information.- The biometric information collected and stored inPage 4 of 5
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NEUTRAL CITATIONR/SCR.A/6094/2023 ORDER DATED: 17/06/2025
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electronic form, in accordance with this Act and regulations made
thereunder, shall be deemed to be “electronic record” and “sensitive
personal data or information”, and the provisions contained in the
Information Technology Act, 2000 and the rules made thereunder
shall apply to such information, in addition to, and to the extent not
in derogation of the provisions of this Act.”
Considering the aforesaid fact, this Court has the power to
pass appropriate directions to the respondent authority to
provide the information as required for to ascertain the identity
of accused.
[5.0] In view of above, respondent No.1 is directed to provide to
the petitioner – State of Gujarat information as sought for by the
Investigating Officer – complainant of respondent No.2 having
Aadhar Card No.5397 1082 4389 in connection with the FIR being
C.R. No.11205007220028 of 2022 registered with Jakhau Marine
Police Station, Kachchh West-Bhuj.
[6.0] With aforesaid direction, present petition is disposed of.
Rule is made absolute accordingly.
(HASMUKH D. SUTHAR, J.)
Ajay
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