The Jharkhand High Court has directed the Unique Identification Authority of India (UIDAI) to disclose the Aadhaar card details of a human trafficking victim to the police in an effort to trace the missing individual.

Under Section 33(1) of the Aadhaar Act, 2016, a High Court can order the disclosure of identity information or authentication records, provided both UIDAI and the Aadhaar card holder are given an opportunity to be heard.

However, the bench comprising Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava ruled that in this case, such an opportunity could not be granted to the cardholder since they are missing.

The court emphasized that legal provisions should not obstruct the pursuit of justice. "In such circumstances, the statutory provision should not be interpreted in a manner that hinders the interests of the victim. Here, the principle of substantive justice must take precedence," the bench observed in its order dated February 24.

Highlighting the urgency of the matter, the court stated that providing Aadhaar details to the investigating agency could aid in locating the victim, who has been missing since 2014. "To ensure justice for the victim and their family, particularly the parents who have been awaiting answers for over a decade, the High Court deems it necessary to exercise its authority under Section 33(1) of the Act," the bench noted.

Earlier, on February 19, 2024, the court had denied bail to the accused, citing the fact that the trafficked minor victims were yet to be found. The police, after exhausting all attempts to trace them, sought Aadhaar details as a potential lead. However, UIDAI had maintained that such details could only be disclosed under the direction of the High Court.

The court also considered the provision under Section 33(2) of the Aadhaar Act, which allows disclosure of information in the interest of national security. On February 11, it had been observed that human trafficking poses a national security risk, as trafficked minors could potentially be exploited in unlawful activities, including terrorism, thereby falling under the purview of Section 15 of the Unlawful Activities (Prevention) Act, 1967.

However, recognizing that following the national security route would be time-consuming, the court chose to expedite the process by issuing a direct order for UIDAI to disclose the information.

Advocates Gautam Kumar, Abhinav Raj, and Ashutosh Kumar Sinha represented the appellants. The prosecution was represented by Advocates Lily Sahay, Nehala Sharmin, and Ruby Pandey. Deputy Solicitor General of India Prashant Pallav, along with Advocate Shivani Jaluka, appeared for UIDAI. Advocates Pratyush Lala and Deepak Sahu represented other respondents.