Bombay HC Flags Infiltration by Bangladeshi Nationals Using Bogus Indian Identity Documents [Read Judgment]

Mumbai: The Bombay High Court has directed the Unique Identification Authority of India (UIDAI) to provide to the Anti Terrorist Squad (ATS), Navi Mumbai, within two weeks, the documents submitted by an accused for obtaining his Aadhaar card, in a case concerning five Bangladeshi nationals who allegedly obtained Indian identity documents using bogus papers. 

The Court called infiltration by foreign nationals and their procurement of such documents a matter of serious concern that must be investigated expeditiously.

A Division Bench of Justice A. S. Gadkari and Justice Kamal Khata, was hearing a petition under Article 226 of the Constitution filed by the State of Maharashtra, through the Senior Police Inspector, ATS, Navi Mumbai Unit. The State sought a writ of mandamus directing the UIDAI to disclose the identity information and authentication record of Respondent No. 3, Bakaar Hasan Shaikh, under Section 33(1) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. He is an accused in C.R. No. 03 of 2018 registered with the ATS Police Station, Navi Mumbai.

As recorded by the Court, the prosecution case was that on confidential information that five Bangladeshi nationals had illegally entered India and taken shelter at Juigaon, Post Kamothe, Taluka Panvel, District Raigad, ATS officers raided a chawl there on 13.03.2018 and found and arrested the five. Investigation revealed that they presented themselves as Indian nationals and obtained PAN cards, Election ID cards and Aadhaar cards with the help of, and in connivance with, accused No. 6 Mohd. Allauddin alias Munna alias Master Usman Ansari, Pravin Ananda Patil, Ajay Bhimrao Surve and Vishal Janardhan Shedge.

The prosecution had moved an application, before the trial court seeking the information and documents supplied by the accused to the Aadhaar authority for obtaining their cards. By order dated 04.04.2018, the Additional Sessions Judge, Navi Mumbai, directed the UIDAI to supply the information of five named accused persons, and the prosecution received the documents of those accused. The information and documents of Respondent No. 3, however, were not received by the investigating agency till date.

The Court noted that it had observed in its earlier orders that foreign nationals infiltrating the Indian border have penetrated deep into the country and, by submitting bogus documents to the authorities concerned, obtain PAN, Election ID and Aadhaar cards and present themselves as Indian citizens. It said:

“This is a matter of serious concern and needs to be investigated by the concerned Investigating Agency expeditiously.”

The Bench added that the persons and co-accused who help such foreign nationals infiltrate the border and settle in the country, including by helping them procure PAN, Election ID and Aadhaar cards, must be thoroughly interrogated and, if their role is revealed, prosecuted as per law, with the investigation taken to its logical conclusion.

Accordingly, the Court directed the UIDAI to provide the documents submitted by Respondent No. 3 for procuring the Aadhaar card to the investigating agency within two weeks from the date the order is uploaded on the High Court’s official website, and allowed the petition in terms of prayer clause (a).

Appearances:

For the Petitioner: Smt. P. P. Shinde, APP; Mr. I. I. Mulla, PSI, ATS, Navi Mumbai Unit, present.

For Respondent Nos. 1 and 2: Ms. Supriya Kak, Advocate.

Case Title: State of Maharashtra vs. Unique Identification Authority of India & Ors., Writ Petition No. 6019 of 2019

[Read Judgment]