Bombay High Court asks Centre to consider Aadhaar Act changes to trace illegal foreign nationals

Court noted a gap in inter-agency coordination and document-verification procedures that allowed foreign nationals to obtain Aadhaar cards fraudulently

Mumbai, August 26, 2026: Observing a “concerning pattern” of foreign nationals allegedly infiltrating India’s borders, obtaining Aadhaar cards through fraudulent documents and using them to conceal their identities, the Bombay High Court has 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 court said the issue has serious implications for national security.A bench of Justices Ajey Gadkari and Kamal Khata made the observation while hearing a Maharashtra government petition seeking Aadhaar enrolment records of an Afghan national accused of creating a false Indian identity.The court 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.Concerns Over Identity Fraud“This pattern reflects a critical gap in inter-agency coordination and document verification procedures,” the bench said, adding that Aadhaar cards obtained through fraudulent means create vulnerabilities across the country’s identity, immigration and security systems.The court said there needed to be a “concerted effort” by State and Central agencies to trace and deport such foreign nationals on priority. “Time is of the essence,” it said, stressing that delays in completing investigations and taking action could encourage established channels of illegal infiltration.Case Involving Afghan NationalThe case involved Majid Khan Shah Hajrat Shah, alias Miraj Tahir Khan, who, according to the prosecution, was 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. The prosecution said he 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. While the Aadhaar Act mandates confidentiality of identity and authentication records, Section 33 permits disclosure pursuant to an order of a High Court or higher court, subject to safeguards. UIDAI told the court it had no objection to providing the records if directed.Directions To Government AgenciesThe bench directed UIDAI to hand over copies of all documents submitted for the accused’s Aadhaar enrolment to the investigating agency within two weeks. It 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.The court ordered that deportation proceedings against the accused and other foreign nationals found to be illegally residing in India be initiated within four weeks and that lawful restrictions be imposed to prevent their re-entry.Also Watch: Foreign Law Degree Recognised By BCI Does Not Make Student Eligible For 3-Year LLB Course In India: Bombay HCCentre Asked To Consider Aadhaar Law ChangesIn a significant direction, the bench said the Centre may consider amending the Aadhaar Act to create procedures that would help agencies promptly trace, deport and prevent the re-entry of persons who have illegally infiltrated India, obtained forged documents or changed their identities to claim Indian citizenship, particularly in the interest of national security.To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/