Case Note & Summary
The petitioner, the State of Karnataka represented by the Police Inspector of Byatarayanapura Police Station, Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the second respondent, Unique Identification Authority of India (UIDAI), to disclose Aadhaar information of a deceased victim as provided under Section 33 of the Aadhaar Act, 2016, as amended by the Aadhaar and Other Laws (Amendment) Act, 2019. The petition was filed in the context of a criminal investigation where the police required the Aadhaar details of the deceased to further their investigation. The court considered the provisions of Section 33 of the Aadhaar Act, which allows disclosure of Aadhaar information in the interest of justice and for criminal investigation. The court noted that the police had made a request to UIDAI but the same was not complied with. The court directed UIDAI to disclose the required information to the investigating officer within a specified period. The petition was disposed of with the direction to UIDAI to provide the information.
Headnote
A) Criminal Law - Aadhaar Information Disclosure - Section 33 of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 - Police sought Aadhaar details of deceased victim for investigation - Court held that Section 33 permits disclosure in the interest of justice and for criminal investigation - Directed UIDAI to provide information to the investigating officer (Paras 1-3).
Issue of Consideration
Whether the police can seek disclosure of Aadhaar information of a deceased victim under Section 33 of the Aadhaar Act, 2016 for the purpose of criminal investigation.
Final Decision
The court directed the second respondent (UIDAI) to disclose the Aadhaar information of the deceased victim to the investigating officer within a specified period. The petition was disposed of.
Law Points
- Disclosure of Aadhaar information under Section 33 of Aadhaar Act
- 2016
- Criminal investigation
- Victim's right to justice
- Police powers
Case Details
2025 LawText (KAR) (11) 9
WP No. 25182 of 2024 (GM-RES)
Sri. Sidarth Babu Rao (AGA for petitioner), Sri. Shanthi Bhushan H (DSGI for respondents)
State by Police Inspector, Byatarayanapura Police Station, Bengaluru
Ministry of Electronics and Information Technology (MEITY), Unique Identification Authority of India (UIDAI)
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Nature of Litigation
Writ petition seeking direction to disclose Aadhaar information of a deceased victim for criminal investigation.
Remedy Sought
Direction to UIDAI to disclose Aadhaar information of the deceased victim under Section 33 of the Aadhaar Act.
Filing Reason
Police required Aadhaar details of a deceased victim to further criminal investigation; UIDAI did not comply with the request.
Issues
Whether the police can seek disclosure of Aadhaar information of a deceased victim under Section 33 of the Aadhaar Act for criminal investigation.
Submissions/Arguments
Petitioner argued that Section 33 of the Aadhaar Act permits disclosure in the interest of justice and for criminal investigation.
Respondents opposed the petition, but the court found merit in the petitioner's request.
Ratio Decidendi
Section 33 of the Aadhaar Act allows disclosure of Aadhaar information in the interest of justice and for criminal investigation. The police, as an investigating agency, is entitled to seek such information for the purpose of investigation.
Judgment Excerpts
The petitioner is before this Court seeking for the following reliefs: 'DIRECT the 2nd Respondent to disclose the information with regard to the victim deceased as provided under Section 33 of the Aadhar Act and amendment thereto as per Section 33(1) of the Aadhar Act 2016 as amended by the Aadhar and Other Laws (Amendment) Act 2019 (No 14/2019) dtd. 07.02.2024 vide Annexure-D, in the interest of justice.'
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to UIDAI to disclose Aadhaar information. The petition came up for preliminary hearing and was disposed of by the order dated 18.11.2025.
Acts & Sections
- Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: 33, 33(1)
- Constitution of India: 226, 227