High Court Can Direct UIDAI To Share Last Location Of Missing Person's Aadhaar Use With Police: Karnataka High Court

The Karnataka High Court has held that UIDAI can be directed to provide details of usage of Aadhaar card and the location where it has been used to the police for investigating a missing person's complaint.A single judge, Justice Suraj Govindaraj said,“When during the course of investigation by police authority or any investigating authority in the event of usage of Aadhaar card including authentication, etc. are required, an application can be made before the High Court in terms of Section 33 of the Act of 2016---Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) and the High Court could examine the same after providing an opportunity to the UIDAI Authority and pass such orders as just and necessary, including providing of details of usage of Aadhaar card and the location where it has been used.” The court held thus while hearing the petition filed by a father Krishnamurthy whose son had been missing since 2019. On 20.06.2023, he had come to know of the usage of the Aadhaar card of the missing son and authentication of the transaction having been made.The bench referred to Section 29 of the Act which pertains to Restriction information. It then said, “The restriction is only as regards core biometric information. Identity information would include Aadhaar number, biometric information and demographic information which can be furnished on an application being made.” Further, referring to Section 33 which pertains to Disclosure of information in certain cases, the court said, “Section 33 makes it clear that nothing contained in Subsection (2) or (5) of Section 28 or Subsection (2) of Section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court not inferior to that of a Judge of a High Court.” Thus, Court held that irrespective of what is contained under Section 29, it can make an order directing disclosure of the details, if deemed fit, in terms of Section 33.“The Aadhaar (Authentication and Offline Verification) Regulations, 2021 relates to authentication for the Aadhaar card holder or by a service provider. The same does not apply to Section 33 of Aadhaar Act,” it said. It also clarified that only the High Court can pass an order directing the sharing or disclosure of the information including identity information or authentication records.Accordingly, it allowed the petition at hand and said, “UIDAI is directed to furnish to respondent No.2 only the details of location of the usage of Aadhaar card of the missing son of the Petitioner from the time of filing of the missing complaint till date within 15 days from the date of receipt of a copy of this order so as to facilitate the investigation by respondent No.2. Apart from the location of usage, no other details shall be furnished, the Respondent No.2 (Police) shall not share such details/information with anyone else, apart from that required for the purposes of investigation.” Appearance: Advocate Dinesh M Kulkarni for Petitioner.CGSC M B Kanavi for R1. AGA Sharad V Magadum for R2 Citation No: 2025 LiveLaw (Kar) 325Case Title: Krishnamurthy AND The Director UIDAI & ANR Case No: WRIT PETITION NO. 105596 OF 2025Click Here To Read/Download Order

High Court Can Direct UIDAI To Share Last Location Of Missing Person's Aadhaar Use With Police: Karnataka High Court

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