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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Vinod Kumar Bharwani, JJ.
Ramratan Bishnoi – Appellant
Versus
The State Of Rajasthan – Respondent
Habeas Corpus Petition No. 33/2022
Decided On : 21-03-2022
Aadhar Details - Minor - Court directs UIDAI to expedite providing Aadhar details of suspect and minor to Investigating Officer
Fact of the Case:
The minor corpus could not be traced despite efforts. Investigating Officer requested Aadhar details of suspect and minor from UIDAI.
Finding of the Court:
Court directed UIDAI to expedite providing Aadhar details of suspect and minor to Investigating Officer. Ordered intensification of efforts to trace the girl.
Issues: Tracing of minor corpus, Procurement of Aadhar details from UIDAI
Ratio Decidendi: Efficient procurement of Aadhar details crucial for investigation and tracing of minor. Court's intervention to expedite the process.
Final Decision: UIDAI officials directed to provide Aadhar details of suspect and minor within seven days. Intensification of efforts to trace the girl ordered.
ORDER
1. Shri Anil Joshi, learned AAG has filed the factual report, as per which, despite fervent efforts, the corpus who is minor could not be traced out. The Investigating Officer has written to the UIDAI authorities for procuring Aadhar details of the suspect and the girl, but till date he has not received the same. We, therefore, direct that the UIDAI officials shall expedite the process of providing the Aadhar details of the suspect and the corpus to the Investigating Officer and same shall be shared latest within seven days from today.
2. The Investigating Officer shall intensify the efforts to trace out the girl and she shall be presented in the Court on or before the next date of hearing.
The Court invoked Article 21 of the Constitution and its extraordinary writ jurisdiction under Article 226 to direct UIDAI to provide the relevant police officials with the Aadhaar details to aid in ....
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 court affirmed the accused's right to summon evidence for their defense, highlighting the importance of fair trial principles in ensuring justice.
The court ruled that credible primary documents are essential for age determination, emphasizing the Aadhar card's validity over school records in the absence of supporting evidence.
The court's decision was influenced by the state's efforts to trace the missing girl and the ongoing investigation, leading to the disposal of the petition.
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