Court Overrules Privacy Concerns, Directs Information Disclosure for Criminal Probe
In a significant ruling, the Andhra Pradesh High Court has directed the release of specific Aadhaar information to facilitate the investigation of a forgery case, thereby setting a precedent on the balance between individual privacy rights and the necessity of criminal investigations.
The case involved the appellant, Shri Sitaramanjaneyulu Elaprolu, who alleged that fraudulent sale deeds were executed by an impersonator using an Aadhaar Card. These deeds, registered in 2021, led the appellant to file a First Information Report (FIR) under Crime No.430 of 2021 and a civil suit seeking nullification of the fraudulent sale deeds.
The appellant's request for Aadhaar details under the Right to Information Act was initially denied due to privacy protections under Section 8(1)(j) of the RTI Act, 2005. When the investigative authorities did not pursue obtaining the information, the appellant filed a writ petition seeking a court directive for disclosure.
A single judge of the High Court previously dismissed this petition, citing the Aadhaar Act, 2016, which restricts the release of Aadhaar information unless sanctioned by a court not inferior to a High Court. However, the appellant argued that the investigation would be compromised without access to this crucial information.
The division bench, comprising Chief Justice Ms. Lisa Gill and Justice R. Raghunandan Rao, overturned the single judge's decision. The bench emphasized that while the Aadhaar Act ensures privacy, it is not absolute, particularly in cases involving criminal activities such as forgery. The court noted that safeguards are necessary but should not hinder justice.
The judgment mandates that respondents 2 and 3 release the required Aadhaar information to aid the investigation, ensuring it remains within the permissible scope of the Aadhaar Act, 2016. This decision underscores the judiciary's role in balancing privacy with the imperatives of criminal justice.
The court has ordered the release of the information within three weeks, highlighting the urgency of proceeding with the investigation into the alleged forgery.
Bottom line:-
Aadhaar Act, 2016 - Right to privacy under Aadhaar Act is not absolute and information can be released under statutory safeguards, including a High Court order, for investigation purposes.
Statutory provision(s): Aadhaar Act, 2016 Section 33(1), Right to Information Act, 2005 Section 8(1)(j)
