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2019 Supreme(All) 2122
IN THE HIGH COURT OF ALLAHABAD
Shashi Kant Gupta, Saurabh Shyam Shamshery, JJ.
Bharat Bhushan Thapar - Appellants
Vs.
Union of India and Ors. - Respondents
C.M.W.P. No. 23672 of 2019
Decided On : 25-07-2019
Important Points
Subject
Civil Law - Property Law
Act Referred
CONSTITUTION OF INDIA : Art.20(3)
INDIAN PENAL CODE : S.120(b), S.420, S.467, S.468, S.471, S.506
Headnote
Aadhaar Act - Fraudulent Aadhaar Cards - Sections 28, 33, 34, 47 - The court rejected the petition seeking disclosure of Aadhaar card records, citing lack of evidence and strong case for exercising power under Section 33 of the Aadhaar Act. The court emphasized the protection of information and the right to privacy under the Act, and highlighted the recent amendment allowing individuals to file complaints for offenses under the Act.
Fact of the Case:
The petitioner sought disclosure of Aadhaar card records due to fraudulent preparation/upgradation of Aadhaar cards in the name of deceased individuals for executing a sale-deed. The petitioner approached the court after Aadhaar Authority refused to supply the details, citing Section 33 of the Aadhaar Act.
Finding of the Court:
The court found the submissions insufficient to make out a case under Section 33 of the Aadhaar Act, emphasizing the lack of documentary evidence and the petitioner's failure to substantiate the allegations. The court also noted the defective misjoinder of deceased parties in the petition.
Issues: The issues revolved around seeking disclosure of Aadhaar card records, the protection of information, and the right to privacy under the Aadhaar Act.
Ratio Decidendi: The court emphasized the need for a strong case to exercise power under Section 33 of the Aadhaar Act, the protection of information, and the recent amendment allowing individuals to file complaints for offenses under the Act.
Final Decision: The court rejected the petition at this stage, advising the petitioner to seek remedy under Section 47 of the Aadhaar Act to file a complaint before the competent court.
For the Appellant : Hridesh Batra, Anurag Khanna and Himadori Batra
For the Respondents: Sabhajeet Singh
JUDGMENT :
Shashi Kant Gupta, Saurabh Shyam Shamshery, JJ.
1. Facts of the present case as narrated in the writ petition are as follows:
(i) Respondent Nos. 4 and 5 were husband and wife and they brought a plot No. 869, measuring area of 521 square yard, situated at Colony known as Shalimar Garden, Extention-1, Village Pasonda, Loni, District Ghaziabad, through a sale-deed dated 19.2.1981 from company known as Mahalakshmi land and Finance Pvt. Ltd.
(ii) As per the petitioner's case, Shri Jai Prakash Gupta (respondent No. 4) and Smt. Kiran Bedi Gupta (respondent No. 5) died on 12.12.1984 and 22.12.2001 respectively.
(iii) The said plot was sold to Smt. Raksha Devi Thapar (mother of the petitioner) and Kumari Madhu Thapar (sister of the petitioner) by a registered sale-deed dated 12.2.1990 by the eldest son of Shri Jai Prakash Gupta through power of attorney.
(iv) One Shri Pramod Kumar Singh Chauhan along with some anti-social persons when tried to dispossess the petitioner from the said plot an F.I.R. was also lodged against him on 4.11.2012.
(v) The petitioner also filed a suit bearing Suit No. 2603 of 2012 against Shri Pramod Kumar Singh Chauhan for seeking permanent injunction for restraining him from interfering in the peaceful possession of the petitioner on the said plot and the Additional Civil Judge (Senior Division), Ghaziabad granted permanent injunction against him on 13.12.2012. Hence, Shri Pramod Kumar Singh Chauhan challenged the same, by way of filing F.A.F.O. No. 97 of 2014 and the court below vide order dated 9.1.2014, stayed the order dated 13.12.2012. The F.A.F.O. is still pending for adjudication before the court.
(vi) During the pendency of the said F.A.F.O., Shri Pramod Kumar Singh Chauhan, being hand in glove with Shri Anil Kumar Agarwal by setting up some imposters as Shri Jai Prakash Gupta (respondent No. 4) and Smt. Kiran Devi Gupta (respondent No. 5) sold the plot-in-question to one Smt. Rekha Agarwal wife of Shri Anil Kumar Agarwal.
(vii) As soon as the petitioner came to know about the aforesaid fraud, he lodged an F.I.R. dated 2.3.2015 bearing No. 222 of 2015, under Sections 420, 467, 468, 471, 506 and 120B of I.P.C. against Shri Pramod Kumar Singh Chauhan, Anil Agarwal, Rekha Agarwal, Suresh Chand Mittal and Km. Disha Srivastava alleging that these accused have fraudulently executed the sale-deed by posing them as Jai Prakash Gupta and Kiran Gupta.
(viii) After. investigation, charge-sheet was submitted on 11.6.2015 and the charges were framed under Sections 420, 467, 468, 471, 120B of I.P.C.
(ix) Respondent Nos. 4 and 5 had filed a Criminal Revision before this Court, which is still pending. The petitioner came to know that while filing the said criminal revision, the respondent Nos. 4 and 5 had attached the copy of Aadhaar Card bearing No. 642116310070 in the name of Shri. Jai Prakash Gupta and Aadhaar Card No. 3259534296 in the name of Shri Kiran Bedi Gupta.
(x) On inquiry, petitioner came to know that the Aadhaar Card No. 3259534296 was issued to one Smt. Roshanara, however, during up-gradation it was fraudulently made in the name of Smt. Kiran Prakash Gupta. Similarly, the other Aadhaar Card No. 642116310070 was earlier issued to one Ashok son of Rampal however, during up-gradation, name on the Aadhaar Card was changed to Jai Prakash Gupta. Hence, the present writ petition.
2. Shri Anurag Khanna, senior Advocate assisted by Shri Himadari Batra, learned counsel for the petitioner submitted that although respondent Nos. 4 and 5 have already died, still the Aadhaar Cards were fraudulently prepared/upgraded in the name of the respondent Nos. 4 and 5 in order to execute a sale-deed. Learned senior counsel further submitted that the petitioner has approached the Aadhaar Authority to give details of the abovementioned two Aadhaar Cards, however, Aadhaar Authority have refused to supply the same as being barred by Section 33 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services
