SHER KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner/applicant has moved the instant application with a prayer to direct the Unique Identification Authority of India (UIDAI) to provide the requisite information regarding the updation of Aadhaar Card No.380791154552 of his missing daughter namely, Rukhsana to the Special Investigating Team of District Yamuna Nagar, which has been constituted to investigate the offence in case FIR No.323, dtd. 6/6/2016 under Sec. 365 IPC Police Station City Jagadhari.

(2.) Learned counsel for the petitioner/applicant contended that while preparing the family ID of the members of the petitioner, he came to know that Aadhaar Card bearing No. 380791154552 of his missing daughter namely Rukhsana had been used somewhere in Punjab. In this regard, the petitioner had submitted an application dtd. 3/9/2021 and an affidavit dtd. 1/3/2022 before the SHO Police Station, City Jagadhari and DSP, Headquarter Jagadhari and the police also recorded the statement of petitioner in this regard. He further contends that the police had further verified the information provided by the petitioner regarding the updation of address in Aadhaar Card of missing daughter Rukhsana and the Superintendent of Police, Yamuna Nagar moved a letter No. 9082 dtd. 23/2/2022 to the Director, UIDAI, Chandigarh with a request to provide the information of the address of Rukhsana and her mobile number linked with Aadhaar Card No.380791154552, so that the missing girl might be traced. However, while referring to the provisions of Sec. 33 (1) of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 (hereinafter referred to as the Aadhaar Act), the said authority had refused to supply the desired information to the police. Learned counsel further contends that without specific orders by this Court, the UIDAI authority would not provide any information, which is necessary to trace his missing daughter.

(3.) During the proceedings of the present case, a status report dtd. 27/2/2023 by way of affidavit of Deputy Superintendent of Police, Yamuna Nagar was filed before this Court. It was stated that a new Special Investigation Team headed by DSP, Headquarters, Yamuna Nagar had been constituted on 22/2/2023. After the constitution of the SIT, best efforts were made to recover Rukhsana daughter of the petitioner and the police also went to village Gaju, Patiala Punjab and enquiry was made regarding the missing girl, but her whereabouts could not be known. During the course of investigation, it was also found that the Aadhaar card of the missing girl namely, Rukhsana had been found activated but the whereabouts of the said person had not been found. It was also stated that a letter No. 9082, dtd. 23/2/2022 had been written to the Director, UIDAI, Regional Officer, Chandigarh to supply the information of Aadhaar Card holder and address and mobile number of the missing girl. But the Sec. Officer, Ministry of Electronic and IT, Government of India, UIDAI, Chandigarh had intimated that the Aadhaar Act, 2016, restrained the sharing of information procured from Aadhaar number holders except as per the provisions of Aadhaar Card. The DSP also annexed the copy of the letter dtd. 24/2/2022, whereby UIDAI had refused to supply the desired information. Apart from that, the DSP Yamuna Nagar also filed an affidavit dtd. 26/3/2022, before this Court with a prayer to direct UIDAI to provide the requisite information as sought by them vide letter dtd. 23/2/2022.