Bombay HC Directs Centre to Consider Aadhaar Act Changes to Trace Illegal Foreigners
The Bombay High Court in Mumbai directed the Union government and the Unique Identification Authority of India (UIDAI) to consider amending the Aadhaar Act, 2016, to facilitate the prompt tracing and deportation of foreign nationals residing illegally in India.
A Division Bench comprising Justices Ajay Gadkari and Kamal Khata issued the order on July 27, noting that multiple foreign nationals have fraudulently obtained Aadhaar cards to conceal their true identities and falsely claim Indian identity. The court observed that the availability of such fraudulently acquired cards creates significant vulnerabilities across national identity, immigration, and security systems.
The directions were issued while hearing a petition filed by the Crime Intelligence Unit of the Mumbai Police through the State government. The police had approached the High Court seeking the disclosure of documents used by an Afghan national, Majid Khan Shah Hajrat Shah, alias Miraj Tahir Khan, to acquire an Aadhaar card.
According to the State, Shah entered India on a visa valid up to 2018 and overstayed, violating visa norms alongside provisions of the Indian Penal Code, the Indian Passport Act, and the Foreigners Act. When the police sought his verification details, the UIDAI cited Section 29 of the Aadhaar Act, which prohibits the disclosure of an individual's Aadhaar details or documents without a court order.
Taking note of the statutory gap, the Bench observed that it is imperative for the UIDAI and the Central government to carve out exceptions or establish separate procedures to assist probe agencies tackling border infiltration and human trafficking. The court emphasized that time is of the essence and delays in procedures should not benefit infiltrators, especially after agencies reported instances of individuals engaging in anti-national activities following the procurement of fraudulent documents.
The High Court ordered authorities to investigate Shah's citizenship and immigration status, trace others possessing false documents, and initiate deportation proceedings against Shah and his co-accused within four weeks. The Bench also ordered that their photographs be circulated across all police stations, concerned authorities, and service providers in the State to blacklist them and enforce a ban on their re-entry into the country.
