Back
N. S. SHEKHAWAT
Sher Khan@Sheru – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual background regarding missing girl. (Para 1) |
| 2. arguments on uidai's refusal to disclose information. (Para 2 , 4) |
| 3. court's observation on status report and investigation. (Para 3 , 5 , 6) |
| 4. legal framework guiding uidai's information disclosure. (Para 7 , 8) |
| 5. supreme court's interpretation of privacy and aadhaar. (Para 9 , 10 , 11 , 12) |
| 6. clarification on interim order as non-precedent. (Para 13) |
| 7. court's directive for uidai to provide information. (Para 14 , 15) |
JUDGMENT
N.S.Shekhawat, J.
The petitioner/applicant has moved the instant application with a prayer to direct the Unique Identification Authority of India (UIDAI) to provide the requisite information regarding the updation of Aadhaar Card No.380791154552 of his missing daughter namely, Rukhsana to the Special Investigating Team of District Yamuna Nagar, which has been constituted to investigate the offence in case FIR No.323, dated 06.06.2016 under Section 365 IPC Police Station City Jagadhari.
2. Learned counsel for the petitioner/applicant contended that while preparing the family ID of the members of the petitioner, he came to know that Aadhaar Card bearing No. 380791154552 of his missing dau
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.
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.
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....
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.
Habeas Corpus Petition – UIDAI can be directed to provide data to Police when a person is missing and he/she could be in danger.
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.
Mandatory Aadhar-based facial recognition attendance is unconstitutional as it violates the right to privacy under Articles 14, 19, and 21 and must be voluntary as per the Aadhar Act.
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
