Delhi High Court - Orders
Amit Sahni vs Union Of India And Ors on 13 April, 2023
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~9 & 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12067/2018 & CM APPLs. 5555/2019, 49365/2022
AMIT SAHNI ..... Petitioner
Through: Ms. Sonali Tiwary, Mr. Parth Sharma
and Mr. Vaibhav Mishra, Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Chetan Sharma, ASG with Mr.
Kirtiman Singh, CGSC with Mr.
Waize Ali Noor, Mr. Amit Gupta, Mr.
Saurabh Tripathi, Mr. Vikramaditya
Singh and Ms. Shreya Vedantika
Mehra, Advocate for R-1/UOI.
Ms. Shweta Bharti, Advocate for R-
2/UIDAI.
+ W.P.(C) 7794/2018 & CM APPL. 49364/2022
AMIT SAHNI ..... Petitioner
Through: Ms. Sonali Tiwary, Mr. Parth Sharma
and Mr. Vaibhav Mishra, Advocates.
versus
UNION OF INDIA THROUGH MINISTRY OF HOME AFFAIRS
..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC for
UOI.
Ms. Shweta Bharti, Advocate for R-
2/UIDAI.
Signature Not Verified
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
W.P.(C) 12067/2018 etc. Page 1 of 6
Signing Date:15.04.2023
17:04:10
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 13.04.2023
1. It has been brought to the notice of this Court by the learned Counsel appearing for Respondent No.2/UIDAI that the prayers made in the present writ petitions are identical prayers as made in a writ petition being W.P. No.795/2019 which is pending before the Hon'ble Supreme Court. A comparison table of prayer clause reads as under:
"Comparison of Prayer Clause Writ Petition No.12067/2018 Writ Petition No.795/2019
1. To issue appropriate and 1. Issue a writ Order, or mandatory direction(s) to all direction declaring that for Respondents to scan the establishing ideritity of biometrics of the unidentified unidentified dead bodies by dead bodies and for utilizing matching of his/her biometric/Aadhaar of, fingerprint with the unidentified dead bodies to AADHAAR database trace the pre-existed available with UIDAI, biometrics/Aadhaar details Government of India as the for unidentified dead bodies, Primary process as it is the across the country. If the fastest, cheapest scientific biometrics method lending 100 percent of unidentified dead body accuracy to UIDB pre-exists on the Aadhaar identification. The presently Portal of the Respondent No. followed process of Visual 2, then further directions be identification trough facial, issued in the nature of injury, tattoo marks, Mandamus or any other writ belongings found on or near of like nature thereby passing an UIDB should be given the order or directions to thereby status of directing Respondents No. 1 "secondary/alternative and 2 to share information method" which is to be used Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 12067/2018 etc. Page 2 of 6 Signing Date:15.04.2023 17:04:10 regarding identity of Dead only where the comparison of Persons without any delay to the finger print of the other respondents if the unidentified dead bodies with scanned biometrics of 'AADHAAR' database is not unidentified dead body pre- possible due to practical exists on the Aadhar Portal. reasons like:
2. To issue appropriate and - Lifting fingerprint is mandatory direction(s) to the not possible because of Respondents to constitute high degree of Special Courts for the decomposition.
purpose of adjudicating - UIDAI database does applications/petitions under not have the UIDB's Aadhaar Act and more fingerprint on its particularly directions to database i.e. the 11% dispose of application under population whose section 33 of Aadhaar Act, if fingerprint UIDAI does so made in respect of not have as on date. unidentified dead body, to decide such application, the In case where the same day or the next day, Secondary/alternative method irrespective of the holiday. is used because Primary Method is not possible due to
3. To issue appropriate practical problems, keeping directions to respondents to the DNA samples must be depute Standing Counsels in made mandatory to make the each aforesaid Special Court identification 100% scientific for assisting the Court for (as prescribed in Police disposing of cases pertaining Investigation Manual). to Aadhaar.
2. Issue a writ order, or
4. To direct all the direction declaring that for Respondents to frame establishing identity of guidelines to ensure the accident victim (who is proper disposal of the unconscious or cannot speak) unidentified dead bodies. his/her fingerprint shall be matched with the 'AADHAAR'
5. Pass any other appropriate database available with Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 12067/2018 etc. Page 3 of 6 Signing Date:15.04.2023 17:04:10 order or direction as this Government of India. Hon'ble Court may deeiii fit and proper in the facts and 3. Issue a writ of mandamus circumstances of the case. or direction directing the Respondent, representing Union of India to frame guidelines that enable the Law Enforcement Agencies to query into' AADHAAR' Core Biometric data forMatching fingerprint of unknown dead bodies and accident victims to determine their identity. The Law Enforcement Agencies can either query into the date themselves Or they may send the fingerprint to UIDAI who may help in the noble cause.
The Process can be: The Law Enforcement Agencies to pick-up and send all/whichever is retrievable fingerprints to the UIDAI through an application protocol interface. The UIDAI serves can perform the matching of each/any digit/finger's print with the complete finger print database (1:N matching).
4. Issue a mandamus (in furtherance of the Scope of Article 21, Part III of the Indian Constitution to include the right to be identified and given a proper last rite) to Respondent number 1,2 and 3 Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 12067/2018 etc. Page 4 of 6 Signing Date:15.04.2023 17:04:10 to add in the 'AADHAAR' Act that while enrolling any citizen for 'AADHAAR' Identity card, the consent for use of his/her biometrics may be taken to identify and other purpose as it deems helpful for the citizens of the country.
5. Issue a writ of mandamus or direction directing the Respondent 1&2 representing Union of India & Ministry of Home Affairs to frame guidelines to process lifting of fingerprint from dead body, sending it for identification to UIDAI for matching and identity retrieval to be completed the same or next day of finding the dead body irrespective of it being a holiday, so that the body is in earliest possible state of decomposition.
6. Issue a mandamus to Respondent number 3 to make available all the necessary infrastructure required for matching (one: many comparision) fingerprint of UIDB and accident victims with the fingerprint database of 'AADHAAR'
7. Pass such other Order or Orders as are deemed fit and Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 12067/2018 etc. Page 5 of 6 Signing Date:15.04.2023 17:04:10 necessary in the interest of justice.
2. At this stage, learned Counsel appearing for the Petitioner submits that the petitions may be disposed of.
3. The Writ Petitions are disposed of, along with pending application(s), if any.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J APRIL 13, 2023 S. Zakir Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(C) 12067/2018 etc. Page 6 of 6 Signing Date:15.04.2023 17:04:10