Impossible to compare fingerprints of the dead with Aadhaar database, UIDAI tells Madras High Court
In a counter affidavit filed before Justice G.K. Ilanthiraiyan, the UIDAI said, the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 imposes severe restrictions on sharing information. Further, there were technology constraints in culling out information about the dead, it added.
The submissions were made in response to a writ petition (criminal) filed by the State of Tamil Nadu represented by a Deputy Superintendent of Police, Tindivanam Sub Division, Villupuram district, seeking a direction to the UIDAI to provide the demographic details of an unidentified body using its fingerprints.
Central government senior panel counsel K. Srinivasamurthy said, UIDAI was a statutory body functioning under the Union Ministry of Electronics and Information Technology (MEITY). The object of the 2016 Aadhaar Act, as amended in 2019, was to empower residents of India with a unique identity proof.
The UIDAI issues a 12-digit Aadhaar number after a person undergoes enrolment by submitting demographic as well as biometric information. The prime object of the Aadhaar Act was to ensure targeted delivery of government subsidies, benefits and services to the beneficiaries, the counsel said.
Aadhaar not used to track other activities
He also submitted a counter affidavit signed by UIDAI Deputy Director Priya Sreekumar who asserted that 'Aadhaar number is not used to track other activities of the resident' and that Chapter VI of the Aadhaar Act requires the UIDAI to maintain strict confidentiality with respect to individual records.
She pointed out Section29(1) of the Act categorically states that no core biometric information, collected or created under the Act, should be shared with anyone for any reason whatsoever; or used for any purpose other than generation of Aadhaar numbers and authentication under the Act.
The Deputy Director said, Section 33 (1) states only the identity information or authentication records (but not core biometric information) could be disclosed that too if a High Court or the Supreme Court passes a specific order for such disclosure after hearing the individual concerned as well as the UIDAI.
The only provision which permits sharing of core biometrics too was Section 33(2) which could be invoked in the interest of national security in pursuance of a direction issued by an officer not below the rank of Secretary to Government of India if he/she had been specially authorised through a government order.
Not suitable for forensic purposes
Ms. Sreekumar also said, UIDAI does not collect biometric information (such as iris scan and fingerprints) based on technologies, standards or procedures suitable for forensic purposes and therefore, it would be impossible to cull out data related to an individual from sample fingerprints lifted from a body.
'The Aadhaar technology only permits biometric authentications which are done on a 1:1 basis (where one's biometric is matiched against its own biometrics for verification or authentication) for which it is necessary to have the Aadhaar number of an individual. There are technology constraints in matching the fingerpint collected on paper or other material with the Aadhaar database,' the Deputy Director added.
'In the light of the provisions of the Aadhaar Act, 2016 and the technology constraints, it is most respectfully submitted that it is not possible for UIDAI to compare the sample fingerprints of the deceased with the fingerprint data of UIDAI and provide information to the petitioner,' she said.
After taking the counter affidavit on file, the judge directed the High Court Registry to list the matter again on June 12 for further hearing.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
India Today
37 minutes ago
- India Today
ED not a super cop or drone to probe everything at will: High Court
The Madras High Court has observed that the Enforcement Directorate (ED) cannot act at will, emphasising it was neither a "super cop" with infinite investigative powers nor a "loitering munition" capable of arbitrarily attacking financial institutions.A division bench comprising Justice M.S. Ramesh and Justice V. Lakshminarayanan made these strong remarks while hearing a petition from RKM Powergen Private Ltd, a Chennai-based company. The firm had challenged the ED's freezing of its fixed deposits worth Rs 901 crore in a money laundering probe agency's action came after an FIR was registered by the Central Bureau of Investigation (CBI) in 2014 over the allocation of coal blocks for a power plant in Chhattisgarh. However, in 2017, the CBI filed a closure, stating that no wrongdoing had been found in the allocation process. But, a special CBI court was not satisfied with the closure report and asked for further investigation. In 2023, the CBI filed a supplementary final report, which found there were sufficient incriminating materials warranting prosecution under sections of the the-then Indian Penal Code and Prevention of Corruption this, the ED conducted searches in the premises of directors and holding companies associated with RKMP. On January 31 this year, an order was passed wherein the fixed deposit to the tune of Rs 901 crore was frozen by the ED. The company challenged the said order and the court set it note of these developments, the Madras High Court said that under Section 66(2) of PMLA, if the ED discovered violations of other provisions of law, it cannot assume the role of investigating those offences too. If the ED finds other types of legal breaches, it should inform the appropriate agency authorised to handle those matters, the court observed."It is to inform the appropriate agency, which is empowered by law to investigate that offence. If that agency, on the intimation of the ED, commences an investigation and registers a complaint, then certainly the ED can investigate into those aspects also, provided there are proceeds of crime," the bench said."In case, the investigating agency does not find any case with respect to the aspects pointed out by the ED, then the ED cannot proceed with the investigation and assume powers. The essential ingredient for the ED to seize jurisdiction is the presence of a predicate offence. It is like a limpet mine attached to a ship. If there is no ship, the limpet cannot work. The ship is the predicate offence and 'proceeds of crime'. The ED is not a loitering munition or drone to attack at will on any criminal activity," it court also noted that no separate complaint had been filed in relation to the supposed new offences the ED pointed to. "The ED is not a super cop to investigate anything and everything which comes to its notice," it added."There should be a 'criminal activity' which attracts the schedule to PMLA, and on account of such criminal activity, there should have been proceeds of crime," the bench said.- Ends(with inputs from PTI)Must Watch IN THIS STORY#Chennai
News18
40 minutes ago
- News18
Transnational lottery scam busted in Delhi; six, including 2 Nigerians, held
New Delhi, Jul 20 (PTI) Delhi Police has claimed to have busted a transnational cheating syndicate operating in Delhi-NCR with the arrest of six people, including two Nigerians, an official said on Sunday. Police said that the accused were defrauding Indian citizens through fake lotteries, gifts, and prize schemes. The gang, active for several years, lured unsuspecting victims into transferring large sums of money to fraudulently created bank accounts in exchange for non-existent rewards. The accused have been identified as Shahid Raza (45), Shahrukh Khan (23), Vikas (25), and Rakesh alias Lalu (22). They worked with two Nigerians — Shedrack Onainor (29) and Sunday John alias Liberty (40). Vikram Singh, Deputy Commissioner of Police (Crime Branch), said the syndicate's operation came to light after specific inputs were received on July 7 regarding a group of fraudsters operating out of Delhi, cheating people through fraudulent online lottery and gift schemes. 'Acting on the input, a team launched a surveillance operation. During the operation, Shahid Raza was apprehended from Punjabi Bagh in Delhi, while in possession of Rs 3.63 lakh in cash, nine ATM cards and a mobile phone containing incriminating data. His interrogation revealed a deep-rooted network involving both Indian and foreign nationals of Nigerian origin," said the DCP. Subsequent raids led to the arrest of Shedrack Onainor from Khanpur in Delhi, while he was allegedly collecting the cheated money. Onainor was found to have been illegally residing in India since 2018. He overstayed his medical visa. Incriminating digital evidence was also recovered from his possession. Based on disclosures made by Raza and Onainor, further arrests followed — Shahrukh Khan, Raza's son-in-law; Vikas and Rakesh, brothers from Bareilly in Uttar Pradesh; and Nigerian national Sunday John, who had overstayed his business visa since 2024. 'Teams seized multiple mobile phones, Aadhaar and PAN cards, cheque books, passbooks, and other items linked to the cheating racket," he added. Sharing the modus operandi of the accused, police said that they adopted a well-coordinated system. 'The Nigerian handlers — Onainor and Sunday — acted as masterminds, luring victims through fake online lottery and prize announcements. Once a victim transferred money into designated accounts, the Indian accomplices managed its withdrawal and delivery," the DCP said. Shahid Raza and Shahrukh Khan handled cash operations. Raza withdrew funds using ATM cards and delivered cash to the Nigerian accused after retaining a 15 per cent commission. Shahrukh, meanwhile, managed UPI-based transfers using online applications and oversaw the activation and operation of fake accounts. Rakesh and his brother Vikas played a key role in account fabrication. They used forged Aadhaar documents with updated Delhi-based addresses and fake SIM cards. They opened nearly 20 bank accounts under the name of Vikas across different banks. These accounts were later used to route fraudulent transactions. Another friend allegedly facilitated the Aadhaar updates without valid documents or verification, DCP added. 'The ATM cards linked to these accounts were handed over to Shahrukh and Shahid. Shahrukh generated UPI IDs and managed digital fund transfers. Withdrawals were executed by Shahid, who then handed over the cheated funds to Shedrack and Sunday John at various designated spots in Delhi, often travelling by autorickshaw," DCP Singh said. Police said the commission system was also structured. Out of the 15 per cent cut from the withdrawn funds, 5 per cent went to Rakesh and Vikas for arranging the accounts and SIMs (3 per cent to Vikas, 2 per cent to Rakesh), while the rest was kept by Shahid and Shahrukh. Payments were made in cash or through online methods. According to the police, among the seized items were 10 mobile phones, Rs 3.63 lakh in Rs 500 denomination notes, multiple Aadhaar and PAN cards, cheque books, and bank passbooks. Sharing the profile of the accused, police said that Shedrack Onainor, originally from Delta State, Nigeria, came to India in 2013 on a medical visa that expired in 2018. He stayed on illegally and engaged in cheating operations. He was the main link between the Indian recruits and his Nigerian co-conspirators. Shahid Raza, a resident of Bareilly, UP, previously worked in Saudi Arabia and later sold fruits in Delhi. He entered the racket around eight years ago to support his family, lured by the promise of a 15 per cent commission. Shahrukh Khan, Raza's son-in-law, was educated up to class 7. He was influenced by villagers in Bareilly who were involved in similar frauds. Vikas is a class 6 dropout from Bareilly and previously worked as a tailor in Ghaziabad. Rakesh alias Lalu is uneducated and works as a painter and polisher. He helped his brother Vikas with Aadhaar forgery and account creation. top videos View all Sunday John alias Liberty, a Nigerian national, entered India on a business visa in 2023, which expired in 2024. He stayed on illegally and became a key member of the racket. He routinely collected money from Shahid and Shahrukh and shared the illicit proceeds with other Nigerian co-conspirators. 'All six have been remanded to judicial custody," police said. Further investigation is underway. PTI BM HIG First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
News18
an hour ago
- News18
Lucknow: 4-year-old girl raped, school van driver held
Lucknow, Jul 20 (PTI) A van driver employed by a private school was arrested in connection with the rape of a four-year-old girl, a police official said on Sunday. The accused was identified as Arif (25), the police said. A case was registered on Friday against both the driver and the school manager, Sandeep Kumar, under several legal provisions, including Sections 65(2) (committing rape on a woman under 12 years of age), 352 (intentional insult with the intent to provoke a breach of peace), and 351(2) (criminal intimidation) of the BNS, as well as the POCSO Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Indiranagar Police Station SHO Sunil Kumar Tiwari said that the driver owned the vehicle, which was affiliated with the school. When asked about any action taken against the school administration, Tiwari mentioned that the child's mother included in her complaint that she had informed the school authorities about the driver, but no action was taken in response. He further noted that no staff from the school administration have been arrested so far. view comments First Published: July 20, 2025, 17:00 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
