Goa High Court Permits Disclosure of Aadhaar Details for Investigation
Court Balances Privacy Concerns with National Security in Case Involving Foreign National
In a landmark decision, the Goa Bench of the Bombay High Court has allowed the disclosure of demographic information under Section 33(1) of the Aadhaar Act, 2016, for the investigation of an Aadhaar card issued to an Israeli national without valid documents. The judgment, delivered by Justice Valmiki Menezes, addresses the complex interplay between individual privacy rights and national security concerns.
The case originated from an application filed by the State of Goa seeking disclosure of information submitted by the respondent, an Israeli national, at the time of Aadhaar enrollment. The respondent, who has been involved in multiple criminal activities, was found in possession of an Aadhaar card despite lacking valid travel documents, raising serious questions about the issuance process and potential misuse.
The court noted that the Aadhaar Act empowers investigative agencies to access demographic information if it aids in investigations and does not infringe on privacy rights. The decision emphasized that such disclosure is permissible when personal documents or sensitive information are not involved.
Justice Menezes underscored the importance of scrutinizing Aadhaar card issuance to foreign nationals, highlighting the need to prevent misuse and protect national security. The judgment referenced several precedents, including the Supreme Court's ruling in K.S. Puttaswamy, which established the right to privacy as part of Article 21.
The public prosecutor argued that obtaining the Aadhaar details was crucial for investigating crimes under the NDPS Act and the Foreigners Act. Despite opposition from the respondent's counsel, who cited privacy concerns, the court ruled that the demographic information could be disclosed without breaching privacy rights, as it did not include personal documents.
The judgment has been welcomed by security agencies as a necessary measure to address the potential misuse of Aadhaar cards by foreign nationals residing in India without valid documentation. The court's decision to allow disclosure underscores the delicate balance between individual rights and the state's responsibility to ensure security.
The case highlights ongoing challenges in implementing Aadhaar-related policies, particularly concerning non-residents. As the nation grapples with privacy concerns and security imperatives, this judgment sets a precedent for future cases involving Aadhaar disclosures.
Bottom Line:
Aadhaar Act - Investigative agencies can access demographic information under Section 33(1) of the Aadhaar Act, 2016, for investigation purposes, provided the disclosure does not violate the individual's right to privacy.
Statutory provision(s): Section 33(1) of the Aadhaar Act, 2016, Article 21 of the Constitution of India, Foreigners Act, 1946, Foreigners Order, 1948.
