The papers an accused submitted to get his Aadhaar card must reach the Anti Terrorist Squad within two weeks, the Bombay High Court has told UIDAI. The Court also said that anyone who helps foreign nationals settle illegally must be thoroughly interrogated. The allegations are untested at trial.
Mumbai: When a trial court direction failed to bring one accused’s Aadhaar documents to the investigators, the State of Maharashtra moved the Bombay High Court, which has now directed the Unique Identification Authority of India (UIDAI) to give those Aadhaar documents to the Anti Terrorist Squad (ATS), Navi Mumbai, within two weeks. The prosecution’s underlying allegation is that five Bangladeshi nationals procured PAN, Election ID and Aadhaar cards with the help of local persons [State of Maharashtra v. Unique Identification Authority of India and Others].
The judgment in Writ Petition No. 6019 of 2019 was written by Justice A. S. Gadkari for a Division Bench that also included Justice Kamal Khata. It carries the date October 12, 2026 and was uploaded on October 21, 2026.
What the Court ordered
“In view of the above, we direct the Respondent No.1 to provide the documents submitted by Respondent No.3 for procuring the Aadhar Card to the Investigating Agency within a period of two weeks from the date of uploading of the present Order on the official website of High Court, Mumbai.”
The prayer for disclosure was allowed and nothing beyond it. The order only gets the documents to the investigating agency; it decides nothing on nationality, citizenship or the authenticity of any card.
Why the State came to the High Court
The Senior Police Inspector of the ATS, Navi Mumbai Unit, filed the petition for the State and asked for a writ of mandamus under Article 226. The prayer was that UIDAI disclose the identity information and authentication record of Respondent No. 3, Bakaar Hasan Shaikh, an accused in C.R. No. 03 of 2018 of ATS Police Station, Navi Mumbai. The petition relied on Section 33(1) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
The raid, and the trial court route
The judgment records that the ATS had received confidential information that five Bangladeshi nationals had entered India illegally and were living at Juigaon, Post Kamothe, Taluka Panvel, District Raigad. A raid on March 13, 2018 found five persons in a chawl, and they were arrested. According to the prosecution, they passed themselves off as Indian nationals and obtained PAN, Election ID and Aadhaar cards in connivance with accused Mohd. Allauddin alias Munna alias Master Usman Ansari, Pravin Ananda Patil, Ajay Bhimrao Surve and Vishal Janardhan Shedge. These allegations are untested, the High Court has not decided guilt, and every accused is presumed innocent.
The investigators first approached the Additional Sessions Judge, Navi Mumbai in Criminal M.A. No. 177 of 2018, and by order dated April 4, 2018 UIDAI was directed to supply the information of the accused named. Papers for several of them arrived. The Court recorded that those of Respondent No. 3 had “till date” not been received by the ATS.
“A matter of serious concern”
“As we have observed in our earlier Orders that, Foreign Nationals infiltrating Indian border have penetrated deep inside our country. By procuring Pan Card, Election ID Card and Aadhar Card from the concerned Authorities by submitting bogus documents, they present themselves as Indian citizens. This is a matter of serious concern and needs to be investigated by the concerned Investigating Agency expeditiously.”
The Bench went on to say that persons or co-accused who help foreign nationals in settling in the country and in procuring such cards “must also be thoroughly interrogated”. Where their role is revealed, they are to be prosecuted as per law and the investigation taken to its logical conclusion. That is a direction on how the investigation should proceed, not a finding on any individual’s role.
What investigators can take from the order
If the trial court route has not delivered an accused’s Aadhaar enrolment papers, the order shows another way: a writ under Article 226 invoking Section 33(1) of the Aadhaar Act. The Bench also repeated its concern about identity documents being used by foreign nationals, and wants the inquiry to reach those said to have helped them. Every question of guilt is left for trial.
Case Title: State of Maharashtra v. Unique Identification Authority of India and Others [Writ Petition No. 6019 of 2019]
Bench: Justice A. S. Gadkari and Justice Kamal Khata, Bombay High Court
Date of Judgment: October 12, 2026 (uploaded October 21, 2026)
Appearances: P. P. Shinde, APP, for the Petitioner; Supriya Kak for Respondent Nos. 1 and 2