Bombay HC Suggests Aadhaar Act Amendment To Prevent Foreigners' Re-Entry

The Bombay High Court has observed a concerning pattern of foreign nationals allegedly infiltrating India's borders and obtaining Aadhaar cards through fraudulent documents.

The court made this observation while hearing a Maharashtra government petition seeking Aadhaar enrolment records of an Afghan national accused of creating a false Indian identity.

The bench of Justices Ajey Gadkari and Kamal Khata noted that it had come across several cases where foreign nationals allegedly entered India illegally and subsequently procured basic identity documents, including Aadhaar cards, to establish themselves as Indian citizens.

In some cases, investigating agencies reported that such persons were allegedly involved in anti-national activities after securing fraudulent documents.

The court said that this pattern reflects a critical gap in inter-agency coordination and document verification procedures, and that Aadhaar cards obtained through fraudulent means create vulnerabilities across the country's identity, immigration and security systems.

The court suggested that the Centre consider amending the Aadhaar Act to enable investigating agencies to swiftly trace, deport and prevent the re-entry of such persons.

The case involved Majid Khan Shah Hajrat Shah, an Afghan citizen who entered India on a tourist visa and overstayed after its expiry. He allegedly destroyed his original passport and assumed a false identity, and later obtained a PAN card, Aadhaar card, school leaving certificate and an Indian passport using forged documents.

The investigating agency sought the documents submitted by him for Aadhaar enrolment, and the court directed UIDAI to hand over copies of all documents submitted for the accused's Aadhaar enrolment to the investigating agency within two weeks.

The court also directed the Ministry of Home Affairs, Bureau of Immigration, FRRO and State police to verify the citizenship and immigration status of persons whose identities are found doubtful, and ordered that deportation proceedings against the accused and other foreign nationals found to be illegally residing in India be initiated.

The court's decision has serious implications for national security, and highlights the need for a concerted effort by State and Central agencies to trace and deport foreign nationals who have infiltrated India's borders.

The issue of foreign nationals obtaining Aadhaar cards through fraudulent means is a critical one, and the court's suggestion to amend the Aadhaar Act is aimed at preventing such individuals from re-entering the country.

The court's order is a significant step towards addressing the issue of identity fraud and ensuring national security.

The Bombay High Court's decision is a wake-up call for the government to take immediate action to prevent foreign nationals from infiltrating India's borders and obtaining fraudulent identity documents.

In conclusion, the Bombay High Court's suggestion to amend the Aadhaar Act is a crucial step towards preventing foreign nationals from re-entering India and ensuring national security. The government must take immediate action to address this critical issue and prevent any further vulnerabilities in the country's identity, immigration and security systems.