HC permits UIDAI to disclose Aadhaar data in exceptional habeas corpus cases

In exceptional cases, the Unique Identification Authority of India (UIDAI) can be directed to disclose the Aadhaar information of a missing person without a prior hearing, the Delhi high court said in a ruling submitted in a sealed cover. The decision was made to prioritise an individual’s safety and security in urgent situations.
A bench comprising justices Prathiba Singh and Amit Sharma clarified that while Section 28, read in conjunction with Section 33 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, typically mandates that the court must provide an opportunity to both UIDAI and the Aadhaar number holder for hearing before ordering the disclosure of information, exceptions can be made in cases involving habeas corpus petitions. Such petitions are often urgent, involving potential threats to a missing person’s life, which justifies bypassing the standard procedure.
“In considering the urgency of the matter, and in order to safeguard the safety and security of an individual, UIDAI can also be directed by the High Court dealing with a habeas corpus petition, in exceptional cases like the present one, to disclose the data to the court in a sealed cover, even without a prior hearing,” the bench stated in its July 30 order, which was released on Wednesday.
This ruling was issued in response to a petition filed by a woman seeking the Delhi Police’s assistance in locating her mother, who had been missing since May 2019. Despite repeated efforts, the police had been unable to trace her. The petitioner noted that her mother’s Aadhaar card had recently been updated, prompting the court to involve UIDAI.
In July, the high court directed UIDAI to submit a status report regarding the missing woman’s Aadhaar information, including her address. However, UIDAI, referencing the Supreme Court’s landmark judgment in Justice KS Puttaswamy (Retd.) and Anr Vs Union of India (2019), argued that the right to privacy must be protected, and UIDAI should be heard before any order for disclosure is passed. The Supreme Court had emphasised that Aadhaar information is private and must be kept confidential.
The bench acknowledged the Supreme Court’s stance but noted that exceptions could be made in urgent cases like the one at hand. “While data provided to UIDAI for Aadhaar is generally considered private and must be maintained with confidentiality, there are circumstances, such as in habeas corpus petitions, where exceptions are necessary,” the court observed.
It then ordered the updated address and mobile number provided by UIDAI to be handed over to the police. The Delhi Police had reported that they were still unable to locate the missing woman, making the Aadhaar information the only viable lead. The court directed the police to conduct further investigations based on this new information and submit a fresh status report.