Agencies must unite to trace, deport foreign nationals with fake Aadhaar: Bombay High Court

All government agencies must work together to detect and deport foreign nationals using fake or fraudulent Aadhaar cards, the Bombay High Court recently observed [State of Maharashtra v. Unique Identification Authority of India & Ors].

In two separate orders passed on July 27 and August 10, a division bench of Justices AS Gadkari and Kamal Khata emphasised the need for joint action.

The bench flagged a concerning pattern where foreign nationals have illegally infiltrated into India and fraudulently obtained basic documents.  

“Foreign nationals have illegally infiltrated India’s border and have fraudulently obtained basic documents to conceal their true identity and subsequently procured Aadhaar Cards to claim Indian identity. In a few cases, the investigating agencies have reported that such persons have engaged in alleged anti-national activities after securing these fraudulent documents, particularly leveraging the Aadhaar Card to claim false legitimacy as Indian citizens,” the July 27 order noted.  

The Court highlighted that this pattern reflected a critical gap in inter-agency coordination and document verification procedures.  

“The availability of Aadhaar Cards obtained through fraudulent means creates cascading vulnerabilities across identity, immigration, and security systems, necessitating urgent and coordinated institutional response. It therefore appears to us that there has to be a concerted efforts by all the State and Central Agencies to trace out and deport all such foreign nationals on priority basis,” the same order noted.  

The orders were passed in petitions filed by the State of Maharashtra seeking information under Section 33(1) of the Aadhaar Act to investigate illegal border infiltration.

The UIDAI cited Section 29 of the Act, which prohibits the disclosure of core biometric and identity information.  

However, the High Court invoked Section 33(1), which permits disclosure when ordered by a High Court judge for criminal investigations.  

In one case, an Afghan national overstayed his tourist visa and procured an Aadhaar card to claim Indian citizenship.

In the second, a Bangladeshi national unlawfully procured an Aadhaar card under an assumed name.  

The bench flagged the grave security threat highlighted by such instances.

It stressed that time is of the essence, as delay in action emboldens those manufacturing forged documents.  

“It is therefore imperative for all the Government agencies to act in concert, not only to prevent infiltration of Indian borders but also trace these foreign nationals who either hold fake, forged or fabricated Aadhar Cards or have obtained genuine Aadhar cards on the basis of fake or forged or fabricated documents,” the Court said in the August 10 order.  

The Court mandated immediate deportation proceedings for such individuals. It ordered authorities to blacklist such persons and cancel their fraudulently obtained documents, including passports and PAN cards.  

It further urged the Central government to consider amending the Aadhaar Act to ensure that such persons are promptly traced and deported.

Additional public prosecutor JP Yagnik appeared for State. 

Advocates Supriya Kak appeared for UIDAI.

[Read orders]