Critical Gap In Inter-agency Coordination: Bombay High Court Orders Action Against Illegal Infiltrator Who Obtained Passport Using Fake Aadhaar
|The Court directed UIDAI, MHA, and police to coordinate, deport illegal foreign nationals, and cancel fraudulently obtained identity documents within a stipulated timeframe.
The Bombay High Court has passed several directions for urgent and coordinated action by State and Central agencies to trace, prosecute, and deport foreign nationals who illegally enter India and obtain fraudulent identity documents such as Aadhaar cards.
Hearing a writ petition filed by the State of Maharashtra seeking UIDAI records under Section 33(1) of the Aadhaar Act to investigate an Afghan national overstaying his visa, the Court expressed deep concern over critical gaps in inter-agency coordination.
The Bench issued a series of directives to the Unique Identification Authority of India (UIDAI), the Ministry of Home Affairs, Bureau of Immigration, and State police to share biometric data, impound fake identity credentials, and expedite deportation proceedings within four weeks.
The Division Bench of Justice AS Gadkari and Justice Kamal Khata has observed, "This pattern reflects a critical gap in inter-agency coordination and document verification procedures. The availability of Aadhaar Cards obtained through fraudulent means creates cascading vulnerabilities across identity, immigration, and security systems, necessitating urgent and coordinated institutional response. It therefore appears to us that there has to be a concerted efforts by all the State and Central Agencies to trace out and deport all such foreign nationals on priority basis. Time is of the essence and it is extremely important that investigations be completed within a stipulated period. Delay in these procedures, incorporated for the protection of Indian citizens, cannot and should not inure to the benefit of infiltrators, since such delay in taking action encourages and emboldens established channels to infiltrate further."
APP J.P. Yagnik appeared for the State of Maharashtra, while Advocate Supriya Kak appeared for the Respondents
Brief Facts of the Case
A writ petition was filed under Article 226 of the Constitution by the State of Maharashtra seeking a direction to UIDAI, to disclose identity information and authentication record of Respondent No. 3.
It was the case of the prosecution that Respondent No.3 is a citizen of Afghanistan. He entered India with an Indian Tourist Visa which was valid until 22nd October, 2018. He illegally overstayed in India beyond the visa validity period, and to conceal his true identity, destroyed his original passport and assumed the false identity of “Miraj Tahir Khan”.
It was alleged that the concerned Respondent obtained forged and fabricated identity documents namely (i) a PAN Card, (ii) Aadhaar Card and (iii) School Leaving Certificate. Using these forged and fabricated documents, he fraudulently procured an Indian Passport, whereby he now falsely represents himself as an Indian citizen.
The prosecution thereafter lodged FIR under Sections 417, 419, 465, 467, 468, 471 and 201 read with 34 of the Indian Penal Code, 1860, Section 12(1A) of the Indian Passport Act, 1967, and under Sections 14 and 14C of the Foreigners Act, 1946, which was subsequently transferred to Crime Intelligence Unit. During the course of investigation, it was revealed that, an Aadhaar Card was also obtained by the Respondent No.3 through submission of fraudulent/bogus documents.
Contentions of the Parties
The Petitioner-State submitted that, cases of illegal border infiltration, followed by fraudulent Aadhaar Card procurement, pose systemic security threats. Foreign nationals even after deportation, have re-entered India through the same established channels and repeatedly obtain forged identity documents.
It was prayed that the Court may direct UIDAI, under Section 33(1) of the Aadhaar Act, to produce :
(i) All documents submitted by Respondent No. 3 during Aadhaar enrollment; (ii) Demographic information and enrollment records; (iii) Biometric records as legally permissible and specifically required for the criminal proceedings.
Per Contra, the UIDAI submitted that, it was because of the mandate of Section 29 of the Aadhar Act, which imposes confidentiality restrictions on the disclosure of core biometric information that the information could not be shared. She however, confirmed the exception carved out under Section 33(1) of the Aadhaar Act, upon directions issued by this Court, the requested information would immediately be furnished to the investigating agency.
Observations of the Court
The Court highlighted the pattern that come across with many cases wherein, foreign nationals have illegally infiltrated India’s border and have fraudulently obtained basic documents to conceal their true identity and subsequently procured Aadhaar Cards to claim Indian identity.
"In a few cases, the investigating agencies have reported that such persons have engaged in alleged anti-national activities after securing these fraudulent documents, particularly leveraging the Aadhaar Card to claim false legitimacy as Indian citizens", the Court observed.
The Court highlighted that the numerous Petitions filed by State before the Court are testament to the enormity of the problem, which must be resolved with the utmost expedition.
Although, the Court remarked that the Section 33(2) of the Aadhar Act could have been invoked by the State as contemplated by the section instead of invoking Section 33(1) since it concerns the national security of the country, but having considered the seriousness of the entire matter, the Court passed the follwoing directions:
1. UIDAI was directed to furnish photocopies of all documents submitted by Respondent No. 3.
2. The nominated officers of the investigating agency was directed to utilize the disclosed documents/material to complete its investigation not only against the accused but also all co-accused and file a supplementary report before the Court of competent jurisdiction.
3. The Ministry of Home Affairs, Bureau of Immigration, Foreigners Regional Registration Office (FRRO), and State police authorities were directed to coordinate with the investigating Agency to verify the citizenship and immigration status of all such persons identified in the course of this investigation whose identity is doubtful, and to initiate proceedings under (i) the Foreigners Act, 1946, (ii) the Passport (Entry into India) Act; (iii) the Citizenship Act, 1955; and (iv) any other law applicable to such acts, to persons found to be illegally residing in India, as warranted in the circumstances.
4. The competent immigration Authorities shall initiate deportation proceedings against Respondent No. 3 and any other person found to be a foreign national illegally residing in India with utmost expedition and in any event within 4 weeks.
5. The Authorities were directed to impose appropriate restrictions or ban their re-entry into India in accordance with law and these persons be blacklisted alongwith their photographs and be circulated amongst all police stations.
6. The authorities were directed to immediately impound and cancel (i) The Indian Passport (ii) PAN Card (iii) Aadhar Card and (iv) School Leaving Certificate along with all fraudulently obtained identity or allied documents.
7. The UIDAI, with the Central Bureau of Investigation and Police Authorities of all States, is directed to collect and preserve the photographs, all biometric data, demographic records, and other particulars identifying Respondent No. 3 and all other co-accused for future identification, investigation, prosecution and notify them with all concerned Authorities in every State to prevent them from re-entering through any route, obtain fake identities in future.
"It is needless to mention the data provided by the UIDAI to the concerned Officer of the investigating agency shall be maintained securely by responsible high-ranking official/s of all concerned Authorities and shall not be disclosed except as provided under the provisions of Aadhaar Act or directions by a competent Court of jurisdiction", the Court held.
Accordingly, the Court the Petition was allowed.
Cause Title: State of Maharashtra v. UIDAI & Ors. [Writ Petition No.4406 OF 2019]