Summary of this article
Aadhaar details can be disclosed in serious forgery investigations
High Court says privacy cannot block criminal investigation process
Court allows Aadhaar data sharing with legal safeguards in place
The Andhra Pradesh High Court has held that Aadhaar-related information can be disclosed for criminal investigations in serious forgery cases, provided proper safeguards under the law are followed.
Court Says Privacy Cannot Block Investigation
A Division Bench of Chief Justice Lisa Gill and Justice R. Raghunandan Rao has stated that there is no complete ban on sharing Aadhaar information when it is required for investigation. However, the disclosure must happen only after obtaining permission from a court not below the rank of a High Court, as provided under the Aadhaar Act, 2016.
The court also observed that a person accused of forgery cannot avoid investigation by citing the right to privacy if the information is necessary to examine the allegations.
Land Dispute Led To Legal Battle
The matter came before the court through a writ of appeal filed by a man claiming ownership over a piece of land. According to him, another individual allegedly created a fake Aadhaar card in his name and used it to execute two sale deeds in favour of a third person.
The appellant then filed a police report and later appeared before the civil court, asking to cancel the sale deeds. The civil court granted an interim order restraining interference with his possession of the land. The District Registrar later reportedly cancelled the disputed sale deeds as well.
Request For Aadhaar Information Was Rejected Earlier
During the police investigation, the appellant sought Aadhaar details and biometric information linked to the allegedly forged Aadhaar card through an application under the Right to Information (RTI) Act, 2005. The request was rejected on the ground that such disclosure was restricted under the RTI Act.
The appellant then approached the High Court to release the Aadhaar information to support the investigation. A Single Judge dismissed the plea, stating that such information could only be disclosed in accordance with the Aadhaar Act and that the investigating authorities had not made any such request.
High Court Allows Disclosure With Safeguards
Challenging the order before the Division Bench, the appellant argued that the investigation could not move forward effectively without access to the Aadhaar information connected to the alleged forgery.
Accepting the argument, the High Court said, Section 33(1) of the Aadhaar Act allows disclosure in specific situations where safeguards are followed. The court further noted that since the Aadhaar card in question was allegedly issued in the appellant’s own name, the issue of privacy protection may not strictly arise in this case.
The Bench set aside the earlier order and directed the authorities to provide Aadhaar-related information permitted under the law to the investigating officer for the purpose of investigation.
