Providing Identity, Birth Proof Of Person To Police Doesn't Amount To Disclosure Of Personal Information: Bombay High Court

The Goa Bench of the Bombay High Court has held that providing demographic information with regard to the proof of identity (POI), proof of birth (POB), and the proof of address (POA) of an individual to the police does not result in disclosing personal information.Single-judge Justice Valmiki Menezes was hearing an application filed by the State of Goa seeking a direction to the Unique Identification Authority of India (UIADI) to disclose the demographic information pertaining to one Yaniv Benaim @ Atala, an Israeli national, who secured an Aadhar Card despite being a foreigner and that too without providing any valid documents. The judge noted that the foreigner was convicted and or arrested in nearly five criminal cases under the stringent Narcotics Drugs and Psychotropic Substances (NDPS) Act, Prevention of Corruption (PC) Act, Passport Act, Foreigners Act and also the Indian Penal Code (IPC).During the trial of these offences, the foreigner obtained an Aadhaar card on August 11, 2021, despite, admittedly not possessing a valid passport, valid visa or any travel document and infact, he was deported from Peru by the CBI on August 25, 2011 and has been in India since then, the judge noted. Accordingly, the investigating authorities, while probing the cases, took note of the fact that despite having no valid documents, the foreigner obtained an Aadhar Card and thus on what basis (documents) the UIADI issued him with the said Card. "Obviously, the Respondent No.3 (Israeli national) was not in possession of a valid passport or a valid visa to justify his stay in India as a resident, to qualify him for being granted an Aadhaar card," the bench noted. The judge referred to the provisions of the Aadhar Act, which provide that every "resident" of the country is entitled to an Aadhar number after providing his or her demographic information. "The provisions, therefore entitles a person who is a resident of India, irrespective of Nationality, to obtain an Aadhaar. The word 'resident' must be read in context of valid residence, in the event that the Respondent No.3 is a foreigner, where he would be required to have a visa or travel document issued by the Government of India, to enable him to reside in India for such time as would be permitted by the visa conditions," the judge said. In the absence of a document that allowed him residence in India, and more so when he was deported from Peru and his last known passport had expired on August 21, 2020, the grant of the application to enable the investigating Authorities to investigate the circumstances under which, the foreigner had obtained an Aadhaar number, would attain great relevance, the judge pointed out. The single-judge further stated that the prayer of the investigation authorities was even more relevant, considering that he was on bail in various offences or had been convicted, and was in India after having been extradited from Peru through Interpol on a red corner notice being issued by the CBI. The POI, POA and POB are all provided under a certificate issued by a Gazetted Officer of the Government of Goa, in the standard format of the UIDAI, the Gazetted Officer having countersigned the form certifying the place of residence filled in by the foreigner at Anjuna, Goa. These documents have all been certified by the same Gazetted Officer and are not based upon any other document belonging to the Respondent No.3 to substantiate these three parameters. "Disclosure of the information which is by allowing copies of Form 1 for POI, POA and POB would therefore not result in disclosing any personal document or personal information of the Respondent No.3, which he seeks protection of," the judge held. Appearance:Public Prosecutor SG Bhobe represented the State. Advocate Omkar Bhave appeared for the Foreigner. Case Title: State Of Goa vs Unique Identification Authority of India [Criminal Application (Main) 13 of 2025]Click Here To Read/Download The Judgment

Providing Identity, Birth Proof Of Person To Police Doesn't Amount To Disclosure Of Personal Information: Bombay High Court

Narsi Benwal

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