HC seeks Aadhaar records of Bangladeshis from UIDAI

The High Court of Karnataka has directed the Unique Identification Authority of India (UIDAI) to furnish documents/records of 12 Bangladeshi nationals, arraigned as accused in a case being investigated by the National Investigation Agency (NIA).

The NIA had sought this information from the UIDAI in a case relating to cross-border human trafficking and forcing vulnerable women from Bangladesh into prostitution in Bengaluru and other cities.

The case was originally registered by the Ramamurthynagar police in June 2021 under various sections of the IPC, Foreigners Act, and Immoral Traffic (Prevention) Act.

It was revealed that the girls were initially sent to Kolkata where fake Aadhaar cards were generated and thereafter, they were forced into prostitution in other parts of the country.

Launching the investigation, the NIA filed the chargesheet in September 2021 and, to unearth the larger conspiracy, the agency wanted to ascertain the genuineness of the information and documents that led to the generation of Aadhaar cards.

However, the NIA’s request for information was turned down by the UIDAI expressing inability in view of the statutory bar under Section 33 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

It was argued on behalf of the UIDAI that the information in question, being classified as personal to the individuals concerned, cannot be provided without a sanction order by a High Court judge as per Section 33.

Justice Krishna S Dixit observed that the protection of privacy rights and information lying in the domain of UIDAI is confined to the cases of 'residents' as defined under Section 2 (v). The court cited judgements of the Madras High Court as well as the Delhi High Court that held that information has to be provided if the same is sought for investigation purposes.

“The petitioner — NIA — shall not use the subject information and documents for any purpose alien to investigation of the offences and prosecution of the offenders,” the court said.