The Bombay High Court has directed all central and state government agencies to act in unison to identify and deport foreign nationals who have obtained Aadhaar cards through fraudulent means, observing a troubling pattern of illegal border infiltration followed by the procurement of basic documents to assume false Indian identities.
In two separate orders passed on July 27 and August 10, 2026, a division bench comprising Justices AS Gadkari and Kamal Khata emphasized that foreign nationals have been illegally entering India’s borders and subsequently securing Aadhaar cards by presenting falsified or fabricated documents. The court noted that in certain cases, these individuals have gone on to engage in activities alleged to be anti-national after acquiring such documents, using the Aadhaar card to falsely assert Indian citizenship.
The bench stated that the availability of Aadhaar cards obtained through fraudulent methods creates widespread vulnerabilities across identity, immigration, and national security systems. It observed that this situation demands an urgent and coordinated institutional response, as fragmented efforts by individual agencies have proven inadequate to address the scale of the problem.
The court further highlighted that delays in taking action embolden networks involved in manufacturing forged documents, thereby increasing the risk to national security. It stressed that time is of the essence and that all government agencies must act in concert, not only to prevent further infiltration but also to trace individuals who either hold counterfeit Aadhaar cards or obtained genuine ones on the basis of fake or fabricated supporting documents.
The orders were passed in petitions filed by the State of Maharashtra seeking information under Section 33(1) of the Aadhaar Act, 2016, to investigate instances of illegal border infiltration. The Unique Identification Authority of India (UIDAI) had resisted disclosure, citing Section 29 of the Act, which prohibits the sharing of core biometric and identity information. However, the court held that Section 33(1) permits disclosure when directed by a High Court judge for the purpose of a criminal investigation, thereby allowing the state access to necessary data for its probe.
Citing specific instances, the court referred to one case where an Afghan national, having overstayed his tourist visa, procured an Aadhaar card to claim Indian citizenship. In another case, a Bangladeshi national was found to have unlawfully obtained an Aadhaar card under an assumed name. The bench described these instances as highlighting a grave security threat that requires immediate attention.
In its August 10 order, the court mandated the initiation of immediate deportation proceedings against such individuals. It directed authorities to blacklist these persons and cancel all fraudulently obtained documents, including passports and Permanent Account Number (PAN) cards. The court also urged the Central government to consider amendments to the Aadhaar Act to ensure that such cases are swiftly identified and acted upon, with a view to preventing misuse of the identity framework for illegal purposes.
The Additional Public Prosecutor, JP Yagnik, appeared on behalf of the State of Maharashtra, while Advocate Supriya Kak represented the UIDAI during the proceedings. The court’s directions underscore the need for inter-agency cooperation, robust document verification mechanisms, and timely legal action to safeguard the integrity of India’s identity and immigration systems.