Taking note of the 'concerning pattern' of foreigners 'infiltrating' India's borders and fraudulently obtaining basic documents like Aadhar Card, PAN Card etc. to conceal their identities, the Bombay High Court recently ordered the Union Government and the Unique Identification Authority of India (UIDAI) to consider amending the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 for prompt tracing and deporting of such foreign nationals, who live in India illegally. 

A division bench of Justice Ajay Gadkari and Justice Kamal Khata took note of the 'critical gap' in the inter-agency co-ordination and document verification procedures, especially, after noting that several foreign nationals fraudulently obtain Aadhar Cards. 

"This Court has observed a concerning pattern having come across with many cases wherein, foreign nationals have illegally infiltrated India's border and have fraudulently obtained basic documents to conceal their true identity and subsequently procured Aadhaar Cards to claim Indian identity. In a few cases, the investigating agencies have reported that such persons have engaged in alleged anti-national activities after securing these fraudulent documents, particularly leveraging the Aadhaar Card to claim false legitimacy as Indian citizens. This pattern reflects a critical gap in inter-agency coordination and document verification procedures. The availability of Aadhaar Cards obtained through fraudulent means creates cascading vulnerabilities across identity, immigration, and security systems, necessitating urgent and coordinated institutional response," the bench observed.

In its July 27 order, which was made available on Tuesday (August 25), the bench opined that a "concerted" effort by all the State and Central Agencies to trace out and deport all such foreign nationals on priority basis, is needed and that the same has to be done at the earliest. 

"Time is of the essence and it is extremely important that investigations be completed within a stipulated period. Delay in these procedures, incorporated for the protection of Indian citizens, cannot and should not inure to the benefit of infiltrators, since such delay in taking action encourages and emboldens established channels to infiltrate further. Consequently, it also encourages and emboldens persons engaged in the manufacture of forged and fabricated documents. The continued stay of infiltrators causes several problems, as aforesaid, while speedy action may not be possible under the present mandated procedure," the bench observed. 

The observations were made while dealing with a plea filed by the Crime Intelligence Unit of Mumbai Police through the State, seeking a direction to the UIDAI to disclose the documents used by one Majid Khan Shah Hajrat Shah alias Miraj Tahir Khan to obtain Aadhar Card. It was alleged that Majid was basically an Afghan national and had entered India on a Visa valid up to 2018 and thereafter, he overstayed here violating the visa norms and also the relevant provisions of the Indian Penal Code (IPC), Indian Passport's Act and also the Foreigners Act.

Thus, to seek details of such documents, which Majid used to obtain an Aadhar Card, the State petitioned the High Court as the UIDAI cited section 29 of the Aadhar Act, which prohibits disclosing of any details with regards to an individual's Aadhar Card or his documents etc. However, the UIDAI contended that such details could be provided to the investigating agency only upon a court order.  

Taking note of such a gap, the bench opined that it was imperative for the UIDAI authorities to carve out exceptions and abridge present procedures or incorporate separate procedures to deal with issues such as human trafficking and border infiltration.

"The numerous Petitions filed by State before this Court are testament to the enormity of the problem, which must be resolved with the utmost expedition. The concerned Department of Central Government may consider effecting necessary amendment in the Aadhaar Act, particularly in the wake of the recent developments in the State which are presented before this Court in different cases, to assist the investigating Agencies in promptly tracing, deporting and preventing re-entry of such persons who have illegally infiltrated the border even once and have been deported or have obtained forged documents or changed identity to claim Indian Citizenship and to prevent illegal entry through established channels in the interest of National Security," the bench ordered. 

With these observations, the bench issued clear directives to the UIDAI and also the State Police to carry out proper investigation against Majid and others in the instant case and after verifying his citizenship and immigration status, to initiate proceedings under the Foreigners Act, the Passport Act and also the Citizenship Act, to the ones who are found to be illegal living in India. The authorities are further directed to initiate deportation proceedings against Majid and other co-accused in the case, with 'utmost expedition' and in any event within four weeks. 

"The said Authorities are further directed to impose appropriate restrictions or ban their re-entry into India in accordance with law. These persons be blacklisted along with their photographs and be circulated amongst all police stations, all concerned Authorities and all service providers across the State to restrain their entry or stay in India," the bench ordered. 

A further directive is issued to also investigate and trace out those persons creating these false/bogus documents and through whom and the manner in which the Aadhar was obtained.

With these observations, the bench disposed of the plea. 

Appearance: 

Additional Public Prosecutor Jayesh Yagnik represented the State. 

Advocate Supriya Kak represented the UIDAI.

Case Title: State of Maharashtra vs Unique Identification Authority of India (Writ Petition 4406 of 2019)

Citation: 2026 LiveLaw (Bom) 400

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