Bombay High Court Directs UIDAI To Hand Over Documents Of Illegal Bangladeshi National To ATS; Orders Probe Into Infiltration Rackets
The Court ordered a thorough investigation into the co-accused and networks facilitating these illegal acts to ensure all involved are prosecuted.
The Bombay High Court has directed the Unique Identification Authority of India (UIDAI) to disclose within two weeks the documents submitted by a Bangladeshi national, Bakaar Hasan Shaikh, to obtain an Aadhaar card.
Hearing a plea by the Anti-Terrorism Squad (ATS), the Court expressed serious concern over foreign nationals infiltrating the border and using bogus documents to obtain PAN cards, Election IDs, and Aadhaar cards.
Previously, the Court 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.
The Division Bench comprising Justice AS Gadkari and Justice Kamal Khata held, "This is a matter of serious concern and needs to be investigated by the concerned Investigating Agency expeditiously. The persons/co-accused who are helping such Foreign Nationals in infiltrating the Indian border and helping them in settling in our country by helping them further in procuring the Pan Card, Election ID Card and Aadhar Card must also be thoroughly interrogated and if their role is revealed in the said crime, they must be prosecuted for their illegal acts as per the provisions of law and the investigation must be taken to its logical conclusion."
APP PP Shinde appeared for the Petitioner, while Advocate Supriya Kak appeared for the Respondents
A petition was filed under Article 226 of the Constitution by the Anti Terrorist Squad seeking a writ of Mandamus, directing the Respondent No.1/UIDAI to disclose the information, including the identity information and authentication record of Respondent No.3 i.e. Mr. Bakaar Hasan Shaikh, under Section 33(1) of the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (‘Aadhar Act’). Respondent No.3 was an accused in a matter registered by ATS.
It was the case of the prosecution that, on receipt of confidential information from reliable sources, five Bangladeshi Nationals had illegally entered India and had taken shelter in Juigaon, Raigad. On the basis of the said confidential information, the Police Officers attached to ATS Navi Mumbai conducted a raid on a residential premises situated in a chawl at Juigaon.
Five Bangladeshi Nationals were found residing there. All five persons were arrested. It was revealed during the course of investigation that the said five persons presented themselves as Indian Nationals and procured PAN card, Election ID Card and Aadhaar card with the help of and in connivance with another accused.
The State submitted that the information related to Respondent No. 3 was not received.
The Court observed, "As we have observed in our earlier Orders that, Foreign Nationals infiltrating Indian border have penetrated deep inside our country. By procuring Pan Card, Election ID Card and Aadhar Card from the concerned Authorities by submitting bogus documents, they present themselves as Indian citizens."
The Court, therefore, directed UIDAI to provide the documents submitted by Respondent No.3 for procuring the Aadhaar Card to the Investigating Agency within a period of two weeks.
Accordingly, the petition was allowed.
The Bench had previously 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.
Cause Title: The State of Maharashtra v. Unique Identification Authority of India and Ors. [Neutral Citation: 2026:BHC-AS:42669-DB]
Appearances:
Petitioner: APP PP Shinde
Respondents: Advocate Supriya Kak