Case Note & Summary
The petitioner, Sri Krishnamurthy, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad, seeking a writ of mandamus directing the respondents (UIDAI Regional Office and Commissioner of Police, Hubli-Dharwad) to consider his representation dated 10.05.2024 and furnish the authentication history and transaction information of his Aadhaar card from 20.12.2023 till date. The petitioner claimed that he needed this information for some personal purpose. The respondents opposed the petition, arguing that under Section 33 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, authentication records are confidential and cannot be disclosed except in cases of national security or pursuant to a court order. The Court, after hearing the parties, held that the petitioner had not established any exception under Section 33 that would permit disclosure. The Court further held that a writ of mandamus cannot be issued to compel an act that is illegal or contrary to law. Accordingly, the petition was dismissed. The Court did not award any costs.
Headnote
A) Right to Information - Aadhaar Authentication Records - Section 33 of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 - The petitioner sought authentication history and transaction details of his Aadhaar card from UIDAI. The Court held that Section 33 of the Aadhaar Act prohibits disclosure of authentication records except in cases of national security or pursuant to a court order. The petitioner did not establish any such exception. Therefore, the writ of mandamus cannot be issued to compel disclosure of information that is statutorily barred. (Paras 1-5) B) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - The Court held that a writ of mandamus cannot be issued to direct a public authority to perform an act that is illegal or contrary to law. Since the disclosure sought by the petitioner is prohibited under Section 33 of the Aadhaar Act, the petition was dismissed. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to obtain authentication history and transaction information of his Aadhaar card from UIDAI under the Aadhaar Act, 2016, and whether a writ of mandamus can be issued directing the respondents to consider the petitioner's representation and furnish such details.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Right to information under Aadhaar Act is not absolute
- Section 33 of Aadhaar Act prohibits disclosure of authentication records
- Authentication records can be disclosed only in cases of national security or court order
- Petitioner must establish a specific exception to seek disclosure
- Mandamus cannot be issued to compel an illegal act
