Back
N. S. SHEKHAWAT
Sher Khan@Sheru – Appellant
Versus
State of Haryana – Respondent
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 daughter namely Rukhsana had been used somewhere in Punjab. In this regard, the petitioner had submitted an application dated 03.09.2021 and an affidavit dated 01.03.2022 before the SHO Police Station, City Jagadhari and DSP, Headquarter Jagadhari and the police also recorded the statement of petitioner in this regard. He further contends that the police had further verified the information provided by the petitioner regarding the updation of address in Aadhaar Card of missing daughter Rukhsana
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.
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.
Consent forms for educational initiatives must include opt-out provisions to protect individuals' right to privacy under Article 21 of the Constitution.
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
