Case Note & Summary
The case involved a writ petition filed by the Anti Terrorist Squad (ATS) of Navi Mumbai under Article 226 of the Constitution of India, seeking a writ of Mandamus to compel the Unique Identification Authority of India to disclose the Aadhar information of an accused, Mr. Bakaar Hasan Shaikh, who was implicated in a case involving illegal immigration. The ATS had received confidential information about five Bangladeshi nationals who had illegally entered India and were residing in Navi Mumbai. Following a raid, these individuals were arrested, and it was discovered that they had obtained Indian identification documents through fraudulent means with the assistance of other accused persons. The ATS sought information regarding the documents submitted by Mr. Shaikh to obtain his Aadhar Card, which was crucial for their investigation. The trial court had previously ordered the disclosure of similar information for other accused, but the information regarding Mr. Shaikh remained undisclosed. The court recognized the serious implications of foreign nationals infiltrating India and the necessity for thorough investigation and prosecution of those aiding such activities. Consequently, the court ordered the Unique Identification Authority to provide the requested documents within two weeks, thereby allowing the petition in favor of the ATS.
Headnote
A) Constitutional Law - Right to Information - Disclosure of Aadhar Information - Article 226 of the Constitution of India - The court directed the Unique Identification Authority of India to disclose the Aadhar-related information of an accused to facilitate an ongoing investigation into illegal immigration. The court emphasized the need for timely access to such information to ensure effective law enforcement and investigation (Paras 1-8).
Issue of Consideration
Whether the Anti Terrorist Squad is entitled to receive information regarding the Aadhar Card of an accused for the purpose of investigation.
Final Decision
The court allowed the petition and directed the Unique Identification Authority of India to provide the requested Aadhar documents of the accused within two weeks.
Law Points
- Right to Information
- Aadhar Act compliance
- Investigative authority
- Article 226 of the Constitution of India
