Legal News

HC issues notice to Centre, UIDAI over plea seeking new Aadhaar Card number

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On Tuesday, the High Court of Delhi issued notice to the Centre and UIDAI on a businessman’s plea claiming that his Aadhaar Card number had been compromised & illegally linked to two unidentified overseas entities without his authorisation.

The businessman has knocked on the door of the High Court of Delhi with apprehension that his Aadhaar Card number can be misused & used to commit forgery or fraud in his name.

Justice Rekha Palli asked the Centre and UIDAI to file a reply & listed the matter for Sept 9.

Rajan Arora, the petitioner, engaged in the business of garment export, has urged the HC to issue direction to the Centre & Unique Identification Authority of India (UIDAI), to issue a new Aadhaar card number in compliance with the clause (n) of Section 23 of The Aadhaar (targeted delivery of financial & other subsidies, benefits & services) Act,2016.

The petitioner was represented by Lawyer Sonal Anand.

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The petitioner has sought mechanism & procedure for issuance of new Aadhar number to existing users as per S.23(n) of the act to an aggrieved citizen.

He has sought direction for the protection of the fundamental right of privacy & preventing further breach/damages.

According to the petition, Arora in January 2021 gained knowledge through one of his customers based in Europe that his Aadhaar Card had been linked/associated with certain overseas entities & those entities are shown to be having their registered office at Barbados.

However, the petitioner said that he has no linkage with these overseas entities raising his fears of his personal details including the Aadhar number having been compromised.

In a letter addressed to the UIDAI dated March 3, 2021, the petitioner narrated the facts, requesting the respondent to issue him a new Aadhar number in light of the serious threat to his identity.

Despite writing to the respondent, which is the statutory body entrusted with the scheme, no satisfactory response has been received by the petitioner, lawyer Sonal Anand said.

UIDAI, in the reply dated March 15, 2021, said that no resident can have a duplicate Aadhaar number.

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Further enquiries & visits to the office of the UIDAI revealed that as such there is no process for issuance of a new Aadhar number to any citizen, the petitioner submitted.

Despite the fact that S.23(n) of the Aadhar (Targeted Delivery of Financial & other subsidies, benefits & services) Act, 2016 mandates process be devised for the same which the respondent No. 2 (UIDAI) has failed to do, the petitioner said adding that he has compelled to file the present petition.

The plea said that “The Petitioner is distressed about impending danger that his name can be used to carry out unlawful activities such as money laundering, fraud, forgery, etc. Further as a part of their due diligence most of the buyers of the products of the companies owned by the petitioner, they require him to issue a certificate of his directorship/ownership in various entities which is then also verified by them. These buyers are unwilling to deal with companies/entities whose controlling officials have involved in any overseas entities hence the instance of his Aadhar number being linked to some overseas entities has put the business of the Petitioner in serious jeopardy”.

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