The Jharkhand High Court directed UIDAI to disclose Aadhaar details of a missing human trafficking victim to help the police trace them, emphasizing the need for substantive justice over legal hurdles.
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RANCHI: The Jharkhand High Court asked the Unique Identification Authority of India (UIDAI) to give Aadhaar card details of a missing human trafficking victim to the police so they can find the person.
As per Section 33(1) of the Aadhaar Act, 2016, a High Court can allow the disclosure of identity information or authentication records. But before doing so, both UIDAI and the Aadhaar cardholder must be given a chance to speak.
The Bench of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava observed that the law cannot come in the way of substantive justice.
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It added that an opportunity of hearing cannot be provided to the Aadhaar card holder in the present case since he is the one who is missing.
“Therefore, in such circumstances, the statutory provision does not mean that the same is to be considered in the adversity of the interest of the concerned victim and, here the concept of doing substantive justice is to be taken care of,”
-the Court said in its order on February 24.
The Court explained that if the Aadhaar details are given to the investigating agency, there is a possibility of finding the victim, who has been missing since 2014.
“For the purpose of doing substantive justice towards the parents, more particularly, the victim who is traceless for more than a decade, this Court is of the view that the power which is to be exercised by the High Court as provided under Section 33(1) of the Act, 2016 is required to be exercised,”
-the Court stated.
Earlier, on February 19, 2024, the Court had denied bail to the accused because the trafficked minors had not been found yet. The case remained open as the police informed the Court that all their efforts to locate the victims had failed. Now, they were trying to get Aadhaar card details of one of the victims as a last attempt.
However, UIDAI had responded that Aadhaar details could only be given if the High Court directed them to do so.
The Court then pointed out that Section 33(2) of the Aadhaar Act allows UIDAI to share information in cases related to national security.
“The activities of traffickers are also said to be issue of national security since they are dealing with the future generation, i.e. the young children of the nation jeopardizing the national interest. There might be chances of involvement of such children in terrorist activities leading to threat upon the national security and by that, the Act will come under the fold of Section 15 of the U.A.(P) Act, 1967,”
-the Court had said on February 11.
However, in the latest order, the Court noted that following this process would take a long time. So, the Court decided to pass the order itself without further delay.
The appellants were represented by Advocates Gautam Kumar, Abhinav Raj, and Ashutosh Kumar Sinah.
The prosecution was represented by Advocates Lily Sahay, Nehala Sharmin, and Ruby Pandey.
The UIDAI was represented by Deputy Solicitor General of India Prashant Pallav along with Advocate Shivani Jaluka.
Other respondents were represented by Advocates Pratyush Lala and Deepak Sahu.
CASE TITLE:
Kuldeo Sah @ Mithun Sah vs The State Of Jharkhand & Another.
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