Consider amending Aadhaar Act to help trace foreigners staying illegally in India: Bombay High Court to Centre

The Bombay High Court has directed the Union government and the Unique Identification Authority of India (UIDAI) to consider amending the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, to enable prompt tracing and deportation of foreign nationals living illegally in India.

A Division Bench of Justices Ajay Gadkari and Kamal Khata on July 27 issued the order, which was made available on Tuesday. The court observed that foreign nationals had obtained Aadhaar cards through fraudulent means to claim Indian identity and conceal their true identity.

The Bench noted that multiple cases had come before the court of foreign nationals illegally entering India and fraudulently obtaining basic documents. The court said probe agencies had reported that such persons engaged in anti-national activities after securing these fraudulent documents.

The court observed a gap in inter-agency coordination and document-verification procedures. The Bench said that the availability of Aadhaar cards obtained through fraudulent means creates vulnerabilities across identity, immigration, and security systems.

The Bench opined that a concerted effort was needed by all State and Central agencies to trace and deport such foreign nationals on a priority basis. The court observed that time was of the essence and that delay in procedures should not benefit infiltrators.

The observations were made while dealing with a plea filed by the Crime Intelligence Unit of the Mumbai Police through the State. The plea sought a direction to the UIDAI to disclose the documents used by one Majid Khan Shah Hajrat Shah, alias Miraj Tahir Khan, to obtain an Aadhaar card.

The State alleged that Shah was an Afghan national who entered India on a visa valid up to 2018 and overstayed thereafter, violating visa norms and provisions of the Indian Penal Code, the Indian Passport Act, and the Foreigners Act.

The State petitioned the High Court to seek details of the documents Shah used to obtain an Aadhaar card. The UIDAI cited Section 29 of the Aadhaar Act, which prohibits disclosure of details regarding an individual’s Aadhaar card or documents. The UIDAI contended that such details could be provided to the investigating agency only upon a court order.

Taking note of this gap, the Bench observed that it was imperative for the UIDAI to take steps to carve out exceptions or incorporate separate procedures to deal with issues such as human trafficking and border infiltration.

The court said that the petitions filed by the State reflected the magnitude of the problem. The Bench directed the concerned department of the Central government to consider effecting necessary amendments to the Aadhaar Act to assist investigating agencies in promptly tracing, deporting, and preventing the re-entry of such persons.

The Bench issued directives to the UIDAI and the State police to carry out investigations against Shah and others. The authorities were directed to verify his citizenship and immigration status and initiate proceedings under the Foreigners Act, the Passport Act, and the Citizenship Act against those found to be living illegally in India.

Authorities were directed to initiate deportation proceedings against Shah and other co-accused within four weeks. The court directed the authorities to impose restrictions or ban their re-entry into India in accordance with the law.