High Courts Can Direct UIDAI To Disclose To Investigation Agency Details Of Usage of Aadhaar Card & Location: Karnataka High Court
The High Court directed UIDAI to furnish to Police only the details of location of the usage of Aadhaar card of the missing son.
Justice Suraj Govindraj, Karnataka High Court
The Karnataka High Court held that during the course of investigation by Police Authority or any other investigating authority, the UIDAI can provide the usage of Aadhaar card, including the authentication, to such investigating agency on the direction of the High Court in terms of Section 33 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
A Writ Petition was filed by the father, whose son was missing since 2019, however, the son’s Aadhar card was used and authenticated in 2023 and the UIDAI refused to provide information on account of right to privacy.
The Bench of Justice Suraj Govindraj observed, “Hence, I answer point No.i by holding that when during the course of investigation by police authority or any investigating authority in the event of usage of Aadhaar card including authentication, etc. are required, an application can be made before the High Court in terms of Section 33 of the Act of 2016 and the High Court could examine the same after providing an opportunity to the UIDAI Authority and pass such orders as just and necessary including providing of details of usage of Aadhaar card and the location where it has been used.”
Advocate Dinesh M. Kulkarni represented the Petitioners, while Advocates M.B. Kanavi and Sharad V. Magadum represented the Respondents.
Case Brief
The Petitioner’s son went missing in 2019. Despite various attempts by Police and the Petitioner, the son could not be traced. However, in 2023, the Petitioner came to know of the usage of the Aadhaar card of the missing son and authentication of the transaction were made. Subsequently, the Petitioner informed the Police about the same and attempted to obtain the authentication history of the son from the UIDAI. However, the UIDAI did not make the information available.
It was contended by the UIDAI that the information regarding Aadhaar is confidential information and is governed by the right to privacy in terms of the decision of the Hon’ble Apex Court in Justice Puttaswamy’s case and as such, the details cannot be made available even to the investigating officer when a request is made.
Court’s Observation
The first question before the High Court was Whether during the course of investigation by Police Authority or any other investigating authority the usage of Aadhaar card, including the authentication, etc., could be provided by UIDAI to such investigating agency?
The High Court underscored that the Aadhaar Card was introduced not only for the purpose of identification of person, but for the purpose of providing services, in a targeted manner insofar as financial and other subsidy, benefits and other services are concerned which are regulated by the Act of 2016.
Crucially, the Court referred to Section 29 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 which provides for the provision of Restriction on sharing information. The Court said, “In terms of Sub-section (3) of Section 29 any identity information which is made available shall not be used for any purpose other than that specified to the individual at the time of submitting any identity information for indication or disclosure, except with the prior consent of an individual to whom such information relates. Thus, there is no absolute embargo on the disclosure of information in relation to Aadhaar in terms of Section 29.”
Subsequently, the High Court referred to Section 33 of the Act, which provides for Disclosure of information in certain cases. “Thus, irrespective of what is contained under Section 29, in terms of Section 33 this Court could make an order directing disclosure of the details, if deemed fit”, said the High Court.
The High Court held that the requirement for sharing up of information with a third party would not be applicable insofar as an order passed under Section 33 of the Act of 2016.
Further, the Court underscored that the case was one where the son of the Petitioner was missing, and a missing person complaint having been filed, the jurisdictional police have been investigating the matter. “Admittedly, the Aadhaar card of the missing son of the Petitioner has been put to use. What is required to be ascertained is to whether the said Aadhaar card has been put to such use by the son of the Petitioner or anyone else and the location where the said use has been made so as to further investigate the matter. When there is no such information made available with the jurisdictional police authorities, there is no possibility of such investigation being proceeded with”, the Court said.
Consequently, the Court held that during the course of investigation by police authority or any investigating authority in the event of usage of Aadhaar card including authentication, etc. are required, an application can be made before the High Court in terms of Section 33 of the Act of 2016 and the High Court could examine the same after providing an opportunity to the UIDAI Authority and pass such orders as just and necessary including providing of details of usage of Aadhaar card and the location where it has been used.
The High Court directed the UIDAI to furnish to Police only the details of location of the usage of Aadhaar card of the missing son of the Petitioner from the time of filing of the missing complaint till date.
Accordingly, the Court allowed the Writ Petition.
Cause Title: Krishnamurthy V. The Director (Neutral Citation: 2025:KHC-D:12971)
