A Division Bench of the Gujarat High Court, on Thursday, comprising of Justice Sonia Gokani and Justice N. Vanjaria while hearing a habeas corpus petition has directed the Unique Identification Authority of India (UIDAI) to validate the same person's two Aadhaar cards and to report as to which of the cards is authentic.
The Division Bench comprising of Justice Sonia Gokani and Justice N. Vanjaria were considering the petition filed by the uncle of the corpus.
The Petitioner/ Uncle of the Corpus had lodged an FIR in2019 for the offences punishable under Sections 363 and 366 of the Indian Penal Code i.e for Kidnapping, abducting or inducing woman to compel her marriage. In this case, in August 2019, the woman's uncle had filed a habeas corpus petition alleging she was a minor and was abducted in June 2019 by a man from Muzaffarnagar in Uttar Pradesh from his lawful custody.
She was identified and taken to Ahmedabad a year back, and last week presented before the court. She has flatly declined to see her uncle.
However, as per to the testimony offered by the corpus, she has submitted that the Petitioner had attempted "to marry her on his consideration" which she resisted and therefore, she left and now has already married respondent no.5 – Anandkumar Shrinarayansinh Rajput resident of Muzaffarnagar. She has further submitted that her Aadhar Card shows her birth date of the year 1999, whereas, her another Aadhar Card which has been produced by her uncle reflects her birth date 06.05.2002, however, going by either of the same, she is now major and she is no longer desirous to join her paternal uncle but desirous to join the respondent no.5.
Noting the fact that an FIR has been lodged, the Bench opined that the verification of both the Aadhar Cards and the scrutiny with regard to the truthfulness of the documents will be very vital in the instant case.
The Court asserted that if her birth is in the year 1999 as she claims and that Aadhar Card is genuine, the entire edifice of FIR will collapse.
The Justices stated that it is therefore necessary for the Court to know the genuineness of the Aadhar Card possessed by the Corpus and that it is even more important in wake of the allegations made by the corpus against the paternal uncle.
In the previous hearing, the Bench stated that the Court also cannot be oblivious of the fact that this petition of habeas corpus is filed not by her father who is resident of Bihar, wherein he resides with other siblings of the corpus.
In accordance with the previous order of the court, on instructions, the APP had submitted that UIDAI shall require specific direction and three clear days to verify and to report to this Court.
The Court has directed UIDAI to verify these two Aadhar Cards, which shall be forwarded to it by the Anti-Human Trafficking Cell, Ahmedabad Rural, in connection with the FIR being.
In light of the events, the Court further directed that the corpus to remain lodged at Nari Sanrakshan Gruha.
The high court has posted the matter for further hearing on September 2.
Click Here To Download Order