'Procedural Law Can't Obstruct Justice', Jharkhand HC Directs UIDAI To Provide Aadhaar Details For Investigation In Minors Trafficking Case

The Jharkhand High Court recently directed the Unique Identification Authority of India (UIDAI) to provide the Aadhaar card details of trafficked minors to the investigating agency under a sealed cover. The division bench of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava directed the UIDAI to provide the Aadhaar Card details of the trafficked minors overruling its objection under Section 33(1) of the Aadhaar Act, 2016 which states that the Aadhar Card details cannot be provided directly to the investigating agency except an order passed by the Court order (not below the rank of District Judge) and an opportunity for the Aadhaar cardholder to be heard before disclosing such information. Expressing concern over the delay in tracing the victims, noting that the trafficked minors had been missing for over a decade, causing immense suffering to their families, the court emphasized that the welfare of the people is the supreme law ("Salus populi suprema lex") and that procedural laws should facilitate, not hinder, the delivery of substantive justice. “law is for doing substantive justice and we are dealing with the issue of the victim who has not been traced out having been traceless since sometime in the year 2014 and, as such, for the purpose of doing substantive justice towards the parents, more particularly, the victim who is traceless for more than a decade, this Court is of the view that the power which is to be exercised by the High Court as provided under Section 33(1) of the Act, 2016 is required to be exercised.”, the court observed. The Court further rejected the UIDAI's objection that providing directly the Aadhaar Details would be against the Supreme Court's ruling in KS Puttaswamy v. Union of India (right to privacy case). Instead, the Court said that KS Puttaswamy's case also balanced the right to privacy, stating that the right to privacy would not be absolute and comes with reasonable restriction, i.e., it cannot act as a medium to obstruct the course of justice. “Here the factual aspect which cannot be disputed, i.e., the issue of victim who is to be traced out and if the Aadhar Card details will be furnished to the Investigating Agency, there might be chance of recovery of the victim.”, the court said. “This Court, therefore, is passing the direction upon the authority of the UIDAI to supply the details as per the requisition made by the Investigating Agency under the sealed cover forthwith.”, the court ordered. Case Title: Kuldeo Sah @ Mithun Sah & Pappu Sah @ Pappu Kumar Sah vs. The State of Jharkhand & OthersLL Citation: 2025 LiveLaw (Jha) 19Click here to read/download the judgmentAppearance: Advocate Gautam Kumar (Counsel for the Appellants) Mrs. Nehala Sharmin (Special Public Prosecutor for the State) Mr. Prashant Pallav (Deputy Solicitor General of India, representing UIDAI)

'Procedural Law Can't Obstruct Justice', Jharkhand HC Directs UIDAI To Provide Aadhaar Details For Investigation In Minors Trafficking Case

Yash Mittal

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