Bombay High Court Allows State of Goa Access to Aadhaar Data of Israeli National - 2025-09-23

Bombay High Court Allows State of Goa Access to Aadhaar Data of Israeli National

In a significant order, the High Court of Bombay has authorized the disclosure of demographic information collected by the Unique Identification Authority of India (UIDAI) concerning an Israeli national currently under criminal investigation. Justice Valmiki Menezes presiding over the matter, ruled that under Section 33 (1) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies Benefits and Services) Act, 2016 , the court possesses the authority to permit such disclosure in the interest of justice.

Case Background

The dispute originated from the investigation into the activities of an Israeli national, referred to as Respondent No.3, who has been implicated in multiple criminal cases in Goa, including violations of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Foreigners Act, 1946, and the Foreigners Order, 1948.

The State of Goa, through the Anjuna Police Station, sought access to the documents submitted by the accused during his Aadhaar enrollment. The prosecution argued that as the individual lacked a valid passport or visa at the time of enrolment, the Aadhaar identification documents were essential to substantiate charges of illegal stay and to uncover potential security breaches.

Arguments Presented

Counsel for the State of Goa contended that the Aadhaar card was being used as a primary document of residence, necessitating a forensic inquiry into the documents originally provided to the authority. The State emphasized that the accused possesses a history of criminal involvement dating back to 2005 and that determining his residency status is vital for ongoing investigations.

Conversely, the respondent argued that the disclosure of his biometric and demographic data would constitute a direct violation of his right to privacy, as enshrined under Article 21 of the Constitution of India, citing the landmark K.S. Puttaswamy (RTD) and others v/s Union of India judgment.

Legal Analysis and Observations

Justice Menezes, upon reviewing the documents submitted under seal, observed that the Aadhaar enrollment relied entirely upon a certificate issued by a local Gazetted Officer to satisfy proof of identity, address, and birth. The court clarified that because these were public-facing certification documents rather than intimate private records, their disclosure would not infringe upon the accused’s protected privacy interests.

" Section 33 of the Act empowers this Court to disclose, if a case has been made out by the Applicant, all information including identity information and authentication records of the Respondent No.3, which would include the documents, which form the basis on which the Aadhaar card was granted," the Court noted.

The Court further clarified: "The Respondent No.3 admittedly had no passport or valid visa at the time the Aadhaar card was issued or his demographic information was collected."

The Court’s Decision

The High Court ordered the UIDAI to provide the applicant with the relevant demographic information and details of the enrollment agency within two weeks. This decision underscores the judiciary's role in balancing individual privacy claims against the compelling state interest of conducting transparent criminal investigations into the residency status of foreign nationals. The practical effect of this order is the potential for further scrutiny into the validity of the accused’s residency claims, which may alter the trajectory of the ongoing criminal proceedings under the Foreigners Act.