Bombay High Court Calls for Coordinated Action Against Foreign Nationals Using Fake Aadhaar Cards
All authorities should coordinate with each other and expel foreign nationals using fictitious/fraudulent Aadhaar cards, Bombay High Court stated recently.
Passing two judgments on July 27 and August 10 respectively, a division bench of Justice AS Gadkari and Justice Kamal Khata observed.
The Court noted that these incidents indicate a serious lapse in coordination between agencies and verification of documents.
“The fact that Aadhaar Cards have been issued to such persons based on false and incorrect documents means that there are larger lacunae with our identity proof system, immigration laws and prevention of entry of anti-national elements into the country.
These cannot be treated in isolation and requires a combined effort by the State and Central Agencies to remedy the situation. Issuance of Aadhaar Cards obtained by foreigners on the basis of false and fraudulent documents would only help them violate multiple provisions of the law and will encourage the writers of such fake documents.
Therefore, it appears to us that there has to be concerted efforts by all the State and Central Agencies to trace out and deport all such foreign nationals on priority basis,” the order added.
These orders were issued in petitions filed by the State of Maharashtra on behalf of the General Director of Police (Law and Order) seeking information from UIDAI under Section 33(1) of the Aadhaar Act to probe intrusion from borders.
UIDAI had referenced Section 29 of the Act which says that disclosure of core biometric and identity information cannot be revealed.
The High Court referred to Section 33(1) which allows for disclosure if ordered by a judge of a High Court to investigate any offence.
An Afghan national had overstayed as a tourist in India and applied for Aadhaar card to show he was an Indian citizen while a Bangladeshi national illegally applied for Aadhaar card in a fake name.
The bench pointed out the serious threat to national security in cases like these.
The Court instructed authorities to start deportation proceedings against such individuals. Those who have obtained cards and documents like passport and PAN cards on fake pretences will be blacklisted by authorities and their documents will be cancelled.
The High Court also requested the Central government to look into inserting a provision in the Aadhaar Act to ensure that all such persons are traced and deported at the earliest.
Advocates Appearing Before The Court
Additional public prosecutor JP Yagnik appeared for State.
Advocates Supriya Kak and Hiranmaye Navghane appeared for UIDAI.
