UIDAI cannot disclose biometric information without a valid court order, and identification requires live biometric data as per privacy and security frameworks established under the Aadhar Act.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

“DIRECT the 2^nd Respondent to disclose the information with regard to the victim deceased as provided under Section 33 of the Aadhar Act and amendment thereto as per Section 33(1) of the Aadhar Act 2016 as [amended by the Aadhar and other laws (Amendment) Act 2019 (No.14/2019), dated 07/02/2024 vide Annexure-D, in the interest of justice.”

2. The petitioner is the Byatarayanapura Police Station represented by the Police Inspector, who is undertaking an investigation in Crime No.267/2023, registered for offences under Sections 302 and 201 of the Indian Penal Code, wherein a dead body of woman lying in a canal, aged about 25 to 30 years, was found without any identification. The investigation could not proceed further on account of the identity of the deceased not being capable of verification. In that view of the matter, the Station House Officer/Investigating Officer had made out an application to the Unique Identification Authority of India (UIDAI) for matching the fingerprint of the deceased with the database of respondent No.2 to ascertain the identity of the deceased.

3. The said request was declined by letter dated 07.02.2024 on the ground that unless there is an order passed by a court not inferior to a Judge of the High Court, no details under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, could be made available. It is in that background that the petitioner/Investigating Officer is before this court seeking for the aforesaid reliefs.

4. Notice having been ordered, Shri.Shanti Bhushan H, learned DSGI has entered appearance for respondent Nos.1 and 2. Today he has filed an affidavit of the Deputy Director at the UIDAI, Regional Office, Bangalore, which reads as under:

"I, Priya Sreekumar D/o Late Mr. K.B.Nair, aged 54 years, working as Deputy Director at Unique Identification Authority of India (UIDAI), Regional Office (RO), Bengaluru, having office at 3rd Floor, South Wing, Khanija Bhavan, Racecourse Road, Bengaluru-560001 do hereby state on solemn affirmation as under:

1. It is submitted that I am aware about the facts and circumstances of the instant case on the basis of the records maintained by the Answering Respondent in its usual course of business. It is further submitted that I am authorized by the Answering Respondent and being aware of the facts and circumstances of the present case and I am competent to swear this Affidavit in official capacity. The Answering Respondent crave leave of this Hon'ble Court to file a detailed Affidavit at a later stage in the present matter or as and when directed by this Hon'ble Court.

2. At the outset, I deny all and singular averments, allegations and submissions made in the petition, save and except the ones which are in conformity with the facts stated therein. I submit that non-denial of any averment specifically may not amount to admissions on my part.

3. It is submitted that the Unique Identification Authority of India ("UIDAI"), is a statutory body established under the provisions of the aforesaid Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (as amended) by the Government of India under the Ministry of Electronics and Information Technology vide it's notification dated 12th July, 2016. I say that the said Act was then amended through the Aadhaar and Other Laws (Amendment) Act, 2019 vide a Govt. of India, Notification No. 14 of 2019 dated 24.07.2019 ("Aadhaar Act").

4. It is submitted that the objective of the Aadhaar Act is to empower residents of India with a unique identity and digital platform only fo