The right to privacy under the Aadhaar Act, 2016 does not provide an absolute bar to the disclosure of information when such information is essential for investigating a serious criminal offence like forgery and impersonation.

The Court made the following Judgment:

(per Hon’ble Sri Justice R. Raghunandan Rao)

Heard Mrs. Jhansi Guduru, learned counsel appearing for appellant, and learned Government Pleader for Home, appearing for respondents 1 to 3.

2. The appellant claims ownership over Ac.1-99.5 cents of land, in Survey No.156/1 and 157/11 of Saripalli Village, Pendurthi Mandal and Visakhapatnam District. The petitioner came to know that the person, who is arrayed as respondent No.5, in W.P.No.2417 of 2025, had impersonated the appellant by creating an Aadhaar Card and fraudulently executed two deeds of sale which were registered as Document No.407 of 2021, for an extent of Ac.1.85 cents and Document No.4077 of 2021 for an extent of Ac.14.50 cents in favour of respondent No.4 in W.P.No.2417 of 2025.

3. The appellant upon coming to know of the execution and registration of these documents, had filed a First Information Report, which was taken up as Crime No.430 of 2021 before the Station House Officer, Pendurthi Police Station, Visakhapatnam. Apart from this, appellant also filed O.S.No.174 of 2021, before the XI Additional District& Sessions Judge, Visakhapatnam, for a declaration that the aforesaid deeds of sale are null and void and not binding on the appellant. An interim injunction was issued restraining the parties in the said suit, who are arrayed as respondents 1 to 3, from interfering with the peaceful possession of the appellant over the said land. It also appears that the District Registrar and Inspector of Registration Offices in Visakhapatnam, took cognizance of a complaint filed by the son of the appellant and cancelled the said deeds of sale on 02.11.2021. The said orders of cancellation are said to have been challenged by respondent No.4, by way of W.P.No.26359 of 2023.

4. The appellant, while pursuing the complaint given by the appellant, in Crime No.430 of 2021, had sought the details of the Aadhaar Card along with the biometric information available under such Aadhaar Card from respondent No.2. This request made under the Right to Information Act was rejected by respondent No.2, by proceedings dated 04.01.2024, on the ground that such information cannot be given in view of the bar under Section 8(1)(j) of the RTI Act, 2005. As the information was not being given, the appellant approached the Commissioner of Police, Visakhapatnam for such information to be obtained. As neither the Investigating Officer nor the Commissioner was seeking such information, appellant approached this Court by way of W.P.No.2417 of 2025 seeking a declaration that the order of rejection passed by respondent No.3, on 07.10.2024, should be declared to be illegal, arbitrary and for a consequential direction to respondent No.3 to furnish the information requested by appellant pertaining to the Aadhaar Card, used by respondent No.5, for executing the deeds of sale, mentioned above.

5. This Writ Petition came to be dismissed by a learned single judge of this Court, by an order dated 22.12.2025. The learned single judge took the view that the information sought by the petitioner, can be disclosed only under the Aadhaar Act, 2016 , if an order from a court not inferior to a High Court or an order from Joint Secretary in case of National Security is issued. The learned single judge, held that since no application had been filed by the Commissioner of Police for such information, the Court would not be able to direct respond