The Bombay High Court has directed the Unique Identification Authority of India (UIDAI) to provide investigators with documents submitted to obtain an Aadhaar card, observing that people who help foreign nationals secure identity documents through allegedly bogus papers must face investigation and prosecution if their involvement is established.
Background
The case arose from an Anti-Terrorist Squad raid conducted on March 13, 2018, at Juigaon in Panvel, Raigad district. According to the prosecution, five Bangladeshi nationals were found residing there and had allegedly obtained PAN cards, Election ID cards and Aadhaar cards using bogus documents with the assistance of other accused persons.
The investigating agency had previously obtained identity-related documents for other accused persons following an April 4, 2018, trial court order. However, documents concerning respondent Bakaar Hasan Shaikh remained outstanding, prompting the State to approach the High Court under Section 33(1) of the Aadhaar Act, 2016.
A division bench comprising Justice A. S. Gadkari and Justice Kamal Khata expressed concern over foreign nationals allegedly obtaining Indian identity documents through false paperwork. The judges stressed the need for a thorough investigation into the role of those suspected of facilitating the process.
The Court observed:
“Foreign Nationals infiltrating Indian border have penetrated deep inside our country. By procuring Pan Card, Election ID Card and Aadhar Card from the concerned Authorities by submitting bogus documents, they present themselves as Indian citizens. This is a matter of serious concern and needs to be investigated by the concerned Investigating Agency expeditiously.”
The bench further emphasised that alleged facilitators should be questioned and prosecuted if evidence establishes their involvement.
“The persons/co-accused who are helping such Foreign Nationals in infiltrating the Indian border and helping them in settling in our country by helping them further in procuring the Pan Card, Election ID Card and Aadhar Card must also be thoroughly interrogated and if their role is revealed in the said crime, they must be prosecuted for their illegal acts as per the provisions of law and the investigation must be taken to its logical conclusion.”
Allowing the petition, the High Court directed UIDAI to provide the investigating agency with the documents submitted by Bakaar Hasan Shaikh to obtain his Aadhaar card within two weeks of the order’s upload on the Court’s official website.
The petition was accordingly allowed in terms of the requested relief.
Case Details
- Case Title: State of Maharashtra v. Unique Identification Authority of India & Others
- Case Number: Writ Petition No. 6019 of 2019
- Judge: Justice A. S. Gadkari and Justice Kamal Khata
- Decision Date: October 12, 2026
