Recently, the Bombay High Court observed that all government agencies must work together to identify and deport foreign nationals who have obtained fake or fraudulently procured Aadhaar cards.

A division bench of Justices AS Gadkari and Kamal Khata made the observations in two separate orders passed on July 27 and August 10.

The Court expressed concern over instances of foreign nationals allegedly entering India illegally and obtaining basic identity documents through fraudulent means. It noted that some of them subsequently procured Aadhaar cards to falsely establish themselves as Indian citizens.

The July 27 order highlighted that, in certain cases, investigating agencies had reported the involvement of individuals holding fraudulent documents in alleged anti-national activities. The Court observed that the misuse of Aadhaar cards obtained through fraudulent means could create vulnerabilities across India's identity, immigration and security systems.

The bench stressed the need for coordinated action by both Central and State authorities to trace and deport such foreign nationals on priority.

The proceedings arose from petitions filed by the State of Maharashtra seeking information under Section 33(1) of the Aadhaar Act in connection with investigations into illegal border infiltration.

While the Unique Identification Authority of India (UIDAI) relied on Section 29 of the Aadhaar Act, which restricts disclosure of core biometric and identity information, the High Court noted that Section 33(1) permits disclosure when directed by a High Court judge in connection with a criminal investigation.

One of the cases concerned an Afghan national who allegedly overstayed his tourist visa and subsequently obtained an Aadhaar card to claim Indian citizenship. In another case, a Bangladeshi national allegedly procured an Aadhaar card using an assumed identity.

The Court observed that such instances posed a serious security concern and emphasised that authorities must act without delay.

In its August 10 order, the bench directed government agencies to act in concert to prevent infiltration and trace foreign nationals who either possess fake, forged or fabricated Aadhaar cards or obtained genuine Aadhaar cards on the basis of fraudulent documents.

The Court further directed authorities to initiate immediate deportation proceedings against such individuals, blacklist them and cancel fraudulently obtained documents, including passports and PAN cards.

The bench also suggested that the Central Government consider amending the Aadhaar Act to facilitate the prompt identification and deportation of foreign nationals who have fraudulently obtained Aadhaar cards.

Additional Public Prosecutor JP Yagnik appeared for the State, while Advocate Supriya Kak appeared for UIDAI.

Case Title: State of Maharashtra v. Unique Identification Authority of India & Ors.