How did Israeli drug dealer get Aadhaar card? High Court asks UIDAI to let police access documents

The court said section 3 of the Aadhaar Act entitles a person who is a resident of India, irrespective of nationality, to obtain an Aadhaar. The court observed that the word “resident” must be read in context of “valid residence”, in the event that Atala being a foreigner, “would be required to have a visa or travel document issued by the Government of India.”

In an order on Tuesday, Justice Valmiki Menezes said, “Obviously, such visa or travel document would require the Respondent number 3 [Atala] to have a residential permit, and not just a visiting visa, to qualify him for obtaining an Aadhaar number.”

The court said that Atala had no passport or valid visa at the time the Aadhaar card was issued or his demographic information was collected. The court further said the information sought is to enable the investigating officer to establish the manner in which, and by what validating documents, in the absence of him holding a valid passport or visa on the relevant day, the Aadhaar card was issued to establish his residence status.

“This was even more relevant, considering that the Respondent No. 3 [Atala] was on bail in various offences or had been convicted, and was in India after having been extradited from Peru through Interpol on a red corner notice being issued by the CBI,” the court said.

The court said Atala, having no valid residence visa or even a valid passport, on the date he applied for the Aadhaar card, prima facie, may not have been entitled to apply for an Aadhaar card. “On this count, the application must be allowed, as the content of the demographic information would have a direct bearing on the investigation and especially in the Crime No. 61/2025 under the Foreigners Order Act and Foreigners Act,” the court added.

Atala’s counsel opposed the application arguing that disclosure of biometric information and documents on the basis of which the Aadhaar was granted, would amount to a breach of his privacy and his fundamental right under Article 21 of the Constitution of India. The court, however, said that disclosure of the information, which is by allowing copies of Form 1 for proof of identity, proof of address and proof of birth would “not result in disclosing any personal document or personal information.” The UIDAI placed the documents submitted by Atala before the court in a sealed cover and submitted that the Authority would abide by the orders of the High Court.

Atala was arrested in 2010 by Goa police after his name surfaced in an alleged ‘police-drug mafia’ nexus. He was booked in 2010 by the crime branch in an FIR for the offence of criminal conspiracy and under Prevention of Corruption Act. The case, along with two more FIRs, was handed over to the CBI for investigation. During investigation, Atala escaped arrest in India and was apprehended in Peru through Interpol after a red corner notice was issued by CBI and he was subsequently extradited to India. In April 2019, Atala was booked by Anjuna police in an attempt-to-murder case. During the trial of the case, he tried to flee to Nepal via Uttarakhand, but he was arrested in Champawat, Uttarakhand for not having valid documents to stay in India.