The Bombay High Court has recently called for a coordinated effort among governmental agencies to identify and deport foreign nationals who have acquired fraudulent Aadhaar cards. This directive emerged from the case State of Maharashtra v. Unique Identification Authority of India & Ors, as highlighted in two orders issued on July 27 and August 10 by a division bench comprising Justices AS Gadkari and Kamal Khata.
Joint Efforts Required to Address Security Concerns
The court addressed a disturbing trend where foreign nationals have crossed into India illegally and subsequently obtained essential documents under false pretenses. These documents include Aadhaar cards, which are then used to assert an Indian identity. The July 27 order noted, “Foreign nationals have illegally infiltrated India’s border and have fraudulently obtained basic documents to conceal their true identity and subsequently procured Aadhaar Cards to claim Indian identity.”
Justice Gadkari and Justice Khata emphasized the necessity for an integrated approach to bridge the gaps in inter-agency coordination and document verification processes. The court stated, “The availability of Aadhaar Cards obtained through fraudulent means creates cascading vulnerabilities across identity, immigration, and security systems, necessitating urgent and coordinated institutional response.”
Legal Framework and Court Orders
The orders were in response to petitions filed by the State of Maharashtra, seeking information under Section 33(1) of the Aadhaar Act to investigate illegal border infiltration. The Unique Identification Authority of India (UIDAI) referred to Section 29 of the Act, which restricts the disclosure of core biometric and identity information. However, the court invoked Section 33(1), allowing for disclosure under a High Court judge’s order for criminal investigations.
Cases brought to the court’s attention included an Afghan national who overstayed his tourist visa and secured an Aadhaar card to claim Indian citizenship, and a Bangladeshi national who obtained an Aadhaar card under a false identity. These cases underscore the serious security threats posed by such fraudulent activities.
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Urgency and Immediate Actions
The bench underscored the urgency of the situation, noting that delays in addressing these issues only embolden individuals involved in document forgery. The August 10 order stated, “It is therefore imperative for all the Government agencies to act in concert, not only to prevent infiltration of Indian borders but also trace these foreign nationals who either hold fake, forged or fabricated Aadhaar Cards or have obtained genuine Aadhaar cards on the basis of fake or forged or fabricated documents.”
The court mandated prompt deportation proceedings and instructed relevant authorities to blacklist individuals involved and cancel any fraudulently obtained documents, including passports and PAN cards. Moreover, it urged the Central government to consider amending the Aadhaar Act to facilitate the swift tracing and deportation of such individuals.
Additional public prosecutor JP Yagnik represented the State, while advocate Supriya Kak appeared for UIDAI.
