The Jharkhand High Court has directed the Unique Identification Authority of India (UIDAI) to disclose the Aadhaar details of a human trafficking victim to the police to facilitate efforts to trace the missing individual.

The Division Bench of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava exercised its authority under Section 33(1) of the Aadhaar Act, 2016, which allows High Courts to order the disclosure of Aadhaar-related information, provided an opportunity of hearing is given to the UIDAI and the Aadhaar card holder.

However, the Court reasoned that such an opportunity could not be provided in this case as the victim had been missing since 2014.

“Law cannot come in the way of substantive justice,” the Court emphasized, adding that withholding Aadhaar details in such circumstances would be against the victim’s best interests.

Disclosure Aimed at Tracing Victim Missing for Over a Decade

The Court’s order, issued on February 24, followed a prolonged investigation where all previous attempts to locate the victim had failed. The police had sought Aadhaar details as a last resort, but the UIDAI stated that such information could only be disclosed under a High Court directive.

Recognizing the urgency of the matter, the Court ruled that the disclosure was necessary to serve justice, particularly for the victim and their family. “For the purpose of doing substantive justice towards the parents, more particularly, the victim who is traceless for more than a decade, this Court is of the view that the power under Section 33(1) of the Act, 2016 is required to be exercised,” the Bench observed.

Human Trafficking as a National Security Concern

In an earlier order on February 11, the Court had noted that UIDAI could also disclose the Aadhaar details under Section 33(2) of the Aadhaar Act, which permits such action in the interest of national security. The Court further remarked that human trafficking poses a significant threat to national security, as trafficked minors could be at risk of being exploited in terrorist activities.

“The activities of traffickers are also said to be an issue of national security since they are dealing with the future generation, i.e., the young children of the nation, jeopardizing national interest,” the Court had observed.

However, considering that the process under Section 33(2) would be time-consuming, the Court decided to exercise its own authority and directly order UIDAI to furnish the required details to the investigating agency.

Cause Title: Kuldeo Sah @ Mithun Sah v. The State Of Jharkhand & Another [Criminal Appeal (D.B.) No. 736 of 2023]

Appearance:-

Appellant: Advocates Gautam Kumar, Abhinav Raj, Ashutosh Kumar Sinha

Respondent: Advocates Lily Sahay, Nehala Sharmin, Ruby Pandey, Deputy Solicitor General of India Prashant Pallav, Advocate Shivani Jaluka, Pratyush Lala, Deepak Sahu

Click here to read/download the Order


Justice Sujit Narayan PrasadJustice Pradeep Kumar SrivastavaJharkhand High Courthuman traficking

Sukriti Mishra

Legal Correspondent

Sukriti Mishra is a Legal Correspondent at Verdictum. She extensively covers the Supreme Court. She has completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022, she has previously worked with another legal news portal, where she extensively covered the Delhi High Court and Trial Courts.