In a significant ruling balancing privacy with the urgency of criminal investigation, the Karnataka High Court at Dharwad has directed the Unique Identification Authority of India (UIDAI) to provide location details of Aadhaar usage belonging to a missing man, so the police can continue their search.
Background
The case stems from a tragic situation. Vijay Krishnamurthy Sangeet, son of petitioner Sri Krishnamurthy (61), went missing in December 2019 while working as an apprentice at Trillium Technological Company in Hubballi. Despite lodging a missing complaint the next day and years of police effort, there was no breakthrough.
In June 2023, the father learnt that Vijay's Aadhaar card had been used for an authentication somewhere. Believing this could be the key to tracing his son, he pressed the police to obtain Aadhaar authentication history. However, UIDAI refused to share the details, citing privacy restrictions under the Aadhaar Act, 2016. Left with no option, the father approached the High Court.
Court's Observations
Justice Suraj Govindaraj carefully examined the Aadhaar Act, particularly Sections 29 and 33, which restrict and regulate disclosure of identity information.
The bench noted that while biometric details like fingerprints and iris scans can never be shared, identity information such as the Aadhaar number, demographic data, and authentication records may be disclosed if a High Court directs it.
"The Aadhaar card of the missing son has admittedly been used. What is required is to ascertain whether the use was by him or someone else, and at what location," the court observed. It stressed that without such data, the investigation could not proceed meaningfully.
On UIDAI's objection, the judge remarked:
"There is no absolute embargo under Section 29.
Section 33 empowers this Court, after hearing UIDAI, to direct disclosure when justice demands it."
Decision
The court allowed the writ petition and issued the following directions:
- UIDAI must furnish to the Hubballi-Dharwad police the location details of Aadhaar usage of Vijay Krishnamurthy from December 2019 onwards.
- The information should be provided within 15 days of receiving the order.
- Only the location of usage is to be shared. No other personal data will be disclosed.
- The police are barred from sharing the details further, except for investigation purposes.
With this order, the court sought to strike a balance protecting privacy while ensuring a family's desperate search for their missing son is not stalled.
Case Title: Sri. Krishnamurthy S/o Ramachandrappa Sangeet v. The Director, UIDAI Regional Office & Anr.
Case No.: Writ Petition No. 105596 of 2025 (GM-RES)