Bombay HC Suggests Aadhaar Act Amendment to Curb Fraudulent Enrolment by Foreigners
The Bombay High Court has suggested that the Central government consider amending the Aadhaar Act to enable investigating agencies to swiftly trace, deport, and prevent the re-entry of foreign nationals who enter India illegally and obtain fraudulent identity documents.
A bench of Justices Ajey Gadkari and Kamal Khata in Mumbai made the observation while hearing a petition filed by the Maharashtra government seeking the Aadhaar enrolment records of an Afghan national accused of creating a false Indian identity. The court noted that the recurring issue has serious implications for national security.
The court observed a concerning pattern of foreign nationals allegedly infiltrating India's borders and obtaining basic identity proofs, including Aadhaar cards, using forged documents to conceal their identities and establish themselves as Indian citizens. The bench noted that investigating agencies have reported instances where individuals engaged in anti-national activities after securing such fraudulent records.
According to the bench, this pattern reflects a critical gap in inter-agency coordination and document verification procedures. The court stated that fraudulently obtained Aadhaar cards create vulnerabilities across the country's identity, immigration, and security systems, stressing that State and Central agencies must make concerted efforts to trace and deport such foreign nationals on priority.
The matter before the court pertained to Majid Khan Shah Hajrat Shah, alias Miraj Tahir Khan, an Afghan citizen who allegedly entered India on a tourist visa and overstayed after it expired. The prosecution stated that he destroyed his original passport, assumed a false identity, and procured a PAN card, Aadhaar card, school leaving certificate, and Indian passport using forged paperwork.
While the Aadhaar Act mandates confidentiality of identity records, Section 33 allows disclosure under a court order. The Unique Identification Authority of India (UIDAI) informed the bench that it had no objection to providing the records if directed.
The High Court directed UIDAI to hand over copies of all documents submitted for the accused's enrolment to the investigating agency within two weeks. It also instructed the Ministry of Home Affairs, Bureau of Immigration, Foreigners Regional Registration Office (FRRO), and State police to verify the status of persons with doubtful identities, ordering deportation proceedings against the accused and other illegal foreign residents to be initiated within four weeks.
