The Bombay High Court has called for coordinated action by Central and state agencies to identify and deport foreign nationals who have secured Aadhaar cards through forged or fraudulent documents, warning that such cases expose serious vulnerabilities in India's identity and security systems.
A Division Bench of Justices A S Gadkari and Kamal Khata made the observations in two orders passed on July 27 and August 10 while dealing with petitions filed by the Maharashtra government. The State had sought access to Aadhaar-related information as part of investigations into cases involving alleged illegal entry into India.
The court noted instances in which foreign nationals allegedly obtained basic identity documents under false identities and subsequently used them to secure Aadhaar cards. It said such cases pointed to shortcomings in coordination among government agencies and in procedures used to verify identity documents.
HC calls for joint action
The Bench said state and Central agencies needed to work together not only to prevent illegal border crossings but also to locate foreign nationals possessing forged Aadhaar cards or genuine Aadhaar cards obtained on the basis of fabricated documents.
The court observed that fraudulent Aadhaar documents could have consequences across immigration, identity verification and national security systems. It also referred to reports by investigating agencies that, in some cases, persons using fraudulently obtained documents had allegedly been involved in anti-national activities.
The judges stressed that authorities should act without unnecessary delay, observing that prolonged investigations could benefit those involved in producing or procuring forged documents.
The High Court directed authorities to initiate deportation proceedings against such foreign nationals and take steps to blacklist them. Fraudulently obtained documents, including passports and PAN cards, should also be cancelled in accordance with law.
Authorities were further asked to investigate the networks and individuals responsible for creating bogus documents and determine how fraudulent Aadhaar enrolments were facilitated.
Afghan, Bangladeshi cases examined
One of the matters before the court involved an Afghan national who had allegedly remained in India after the expiry of his tourist visa. He was accused of assuming another identity and obtaining an Aadhaar card, PAN card and school-leaving certificate before procuring an Indian passport.
The second matter concerned a Bangladeshi national who allegedly obtained an Aadhaar card under an assumed identity.
The Maharashtra government had sought information from the Unique Identification Authority of India (UIDAI) for its investigations. UIDAI relied on Section 29 of the Aadhaar Act, which restricts disclosure of core biometric and identity information.
The High Court, however, referred to Section 33(1) of the Act, which provides for disclosure of certain information pursuant to an order of a High Court judge.
Aadhaar Act amendment suggested
The Bench also asked the Central government to consider suitable amendments to the Aadhaar Act to enable investigating agencies to promptly identify and deal with foreign nationals who use fraudulent documents to establish false identities.
The court said authorities should put in place mechanisms to ensure such individuals are traced, deported and prevented from re-entering India in accordance with law.
It also called for details and photographs of blacklisted individuals to be circulated among relevant police stations, government authorities and service providers so that attempts to return or continue staying in the country can be detected.
The court's directions place emphasis on closer coordination among UIDAI, police, immigration and other authorities to prevent fraudulent identity documents from being used to establish claims of Indian identity.