“The procedural law cannot prevent justice,” Jharkand HC guides Uidai to provide Aadhaar details to investigate minor trafficking

The High Court Jharkhand has recently guided the unique India Identification Authority (UIDAI) to provide the details of the Aadhaar card of minors traced to the investigative agency under a sealed coverage.

The division bank of Justice Sujit Narayan Prasad and Pradeep justice Kumar Srivastava He directed UIDAI to provide the details of the Aadhaar card of the tracted minors who cancel its objection in accordance with section 33 (1) of the Aadhaar Law, 2016, which states that the details of the Aadhar card cannot be provided directly to the investigation agency, except for the order adopted by the Court Order (which is not under the degree of a district judge) Aadhaar card to be heard before disclosing information.

Expressing the concern about the delay in pursuit of victims, mentioning that the tracted minors have disappeared for more than a decade, causing immense suffering to their families, the court stressed that the welfare of the people is the supreme law (“Salus populi lex”) and that the procedural laws should facilitate the justice.

“The law is to do substantial justice and we have to deal with the problem of the victim who was not pursued that he has been without pursuit in 2014 and, as such, in order to do substantial justice towards the parents, especially the victim who is without more than a decade, this Court is of the opinion that the power must be in line. exercised by high court. ” The court noticed.

The Court continued to reject the UIDAI objection that the direct provision of Aadhaar details would be against the Supreme Court’s decision KS Puttswamy v. Union of India (the right to privacy case). Instead, the court said that KS Puttswamy’s case He also balanced the right to confidentiality, stating that the right to confidentiality would not be absolute and comes with a reasonable restriction, that is, it cannot act as an environment to obstruct the justice course.

“Here the factual aspect that cannot be challenged, that is, the problem of the victim to be followed and if the details of the Aadhar card will be provided to the investigative agency, there could be chances of recovering the victim.” Said the court.

“Therefore, this court transmits the Directorate to the UIDAI authority to provide the details, depending on the requisition made by the investigative agency under the sealed cover immediately.”The court ordered.

Case title: Kuldeo Sah @ mithun Sah & Pappu Sah @ Pappu Kumar Sah Vs. The state of Jharkhand and others

Click here to read/download judgment

Appearance

Lawyer Gautam Kumar (appellant counselor)

Mrs. Nehala Sharmin (State Public Prosecutor)

Mr. Prashant Pallav (Deputy General Prosecutor of India, representing Uidai)