Back
PRATHIBA M. SINGH, AMIT SHARMA
Vandana – Appellant
Versus
State Through Sho Ps Amar Colony – Respondent
JUDGMENT (ORAL)
Prathiba M. Singh, J.—This hearing has been done through hybrid mode.
2. The Petitioner has filed the present writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking a writ of habeas corpus directing the Respondents to produce her mother, who is missing since 15th May, 2019. Continuous efforts are being made to trace the whereabouts of Petitioner’s mother.
3. Vide order dated 11th July, 2024 and 23rd July, 2024, the Court had directed the concerned officials of UIDAI to be present in Court and file a status report regarding any information in respect of the Petitioner’s mother as also her Aadhaar Card including address etc.,.
4. Mr. Ankur Singh Chauhan and Mr. Deepak Soni, Deputy Director of UIDAI and Assistant Director, Legal of UIDAI respectively are present in Court. They have handed over to the Court in a sealed cover the contact details etc., available with them (without biometric data) of the missing lady, who is the mother of the Petitioner. The four different printouts, which have been shown to the Court are of data updated as on 11th August, 2011, 26th April, 2016, 21st Februa
Habeas Corpus Petition – UIDAI can be directed to provide data to Police when a person is missing and he/she could be in danger.
The court ruled that in habeas corpus cases, disclosure of personal data, such as Aadhaar information, may be permitted without prior consent due to urgency, provided confidentiality is maintained.
The court held that under Section 33 of the Aadhaar Act, UIDAI must provide Aadhaar details to aid in tracing missing trafficking victims, balancing privacy with the need for substantive justice.
The main legal point established in the judgment is the requirement for a court order, not inferior to that of a High Court Judge, for disclosure of Aadhaar information under Section 33 of the Aadhaa....
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.
Disclosure of identity information under the Aadhaar Act requires due process and a hearing, especially in cases involving fraud and impersonation, safeguarding individual privacy rights.
The central legal point established in the judgment is the daughter's expression of her own free will in marrying and residing in Maharashtra with her husband, which influenced the court's decision t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
