Point of Law: Conspicuous absence of a provision in Act, presumably is because of legislative wisdom to that effect vide ‘expressio unius est exclusio alterius’ whose near literal translation is: explicit mention of one thing is exclusion of other.

ORDER :

Petitioner – National Investigation Agency (hereinafter ‘NIA’) is knocking at the doors of Writ Court grieving against the order dated 22.09.2021 (Annexure K) issued by the 2nd Respondent – Unique Identification Authority of India (hereinafter ‘UIDAI’) whereby, requisition dated 26.08.2021 for disclosure of information of Aadhar Card registration in respect of private respondent nos. 3 – 14 has been turned down in light of the bar enacted in section 33 of the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (hereinafter 2016 Act).

2. After service of notice, the answering first respondent having entered appearance through the learned Assistant Solicitor General opposes the petition making submission in justification of the impugned rejection of said requisition. Learned ASG contends that, the information in question being classified as personal to the individuals concerned, without a sanction order at the hands of this Court, cannot be parted with whoever be the requisition authority.

3. BRIEF FACTS:

(a) An FIR in Crime No. 185/2021 dated 08.06.2021 came to be registered by the Ramamurthynagara Police Station, Bangalore for the offences punishable u/s 370 & 343 IPC, Section 14 of Foreigners Act, 1946 and under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956, against 13 accused persons who happen to be private respondents herein. This was pursuant to the raid conducted by the said police.

(b) The rescued girls revealed their identity as to Bangladesh nationality and they having been trafficked to India by the private respondent herein, on the false promise of employment in India; these girls were initially sent to Kolkata where fake Aadhar Cards were generated and thereafter they were forced to prostitution in other parts of the country. Some of the accused were arrested and taken to custody by the police in connection with the registered crime in question.

(c) The Home Ministry of the Central Government having regard to the gravity of the offences and also to their international & inter-state ramifications entrusted the matter to the petitioner-agency for investigation in exercise of power u/s. 6 r/w Sec.8 of the National Investigation Agency Act, 2008 vide order dated 12.07.2021, pursuant to which petitioner re-registered the F.I.R. in R.C.No.16/2021/NIA/DLI on 13.07.2021.

(d) The preliminary investigation revealed that the arrested accused namely respondent nos.12 to 14 and absconding respondent no.3 along with other private respondents have been actively engaged in human trafficking of Bangladeshi women and they have been running brothels in Bangalore and other places. Accordingly respondent nos. 4 to 11 came to be arrested on 25.07.2021 and presently they are lodged in judicial custody. It is stated that six women and one girl child were rescued from the brothel.

(e) The investigation also brought to light cross border trafficking of women and harbouring of trafficked women on the Indian side by generating fake Aadhar Cards, PAN Cards, Driving Licences, Ration Cards & such other documents by perpetrating fraud, forgery & fabrication. It also revealed of threat to life & limb of these poor victims lured to India by false promise of employment. During the raid, numerous incriminating documents and mobile phones were also seized. After completion of investigation, the Charge Sheet has been filed by the petitioner-NIA on 06.09.2021. Several fake addresses have been discovered after interacting with the Post Master General, Karnataka and the owners of the premises concerned.

(f) In order to unearth the larger conspiracy, petitioner felt the need of ascertaining the genuineness of the information and documents that led to generation of Aadhar Cards & PAN Cards and therefore had requisitioned certain information & documents from the UIDAI vide letter dated 26.08.2021 which has been turned down by the 2nd respondent vide impugned reply dated 22.09.2021 expressing its