Delhi High Court - Orders
Vandana vs State Through Sho Ps Amar Colony & Anr on 23 July, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Amit Sharma
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2071/2024
VANDANA .....Petitioner
Through: Mr. Dinesh Malik (DHCLSC) Mr.
Puneet Jain, Mr. Himanshu Chauhan
& Mr. Lavish Arora, Advocates.
versus
STATE THROUGH SHO PS AMAR
COLONY & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel
with Ms. Priyam Agarwal & Mr.
Abhinay Kumar Arya, Advocates.
Insp. Rizwan Khan & SI Suraj, P.S.
Amar Colony.
Mr. Sushil Raja, Counsel for UIDAI
(M: 9212717171)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE AMIT SHARMA
ORDER
% 23.07.2024
1. This hearing has been done through hybrid mode.
2. Vide order dated 11th July, 2024, this Court directed as follows:
"6. The Petitioner is stated to have written a letter dated 20th March, 2024 to S.H.O. PS Amar Colony to inform regarding the said call and requesting the S.H.O to find out the whereabouts of the Petitioner's mother and her updated number.
7. The Status Report dated 11th July, 2024 has been filed by Mr. Sanjay Lao, ld. Standing Counsel (Crl.) to the effect that efforts were made to contact the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2024 at 02:01:43 UIDAI for obtaining the updated mobile number on the Aadhaar card of the mother of the Petitioner. However, they referred the police authorities to UIDAI, Lucknow Office.
8. Under such circumstances, as this is a writ of habeas corpus, issue notice to Mr. Sushil Raj, the Counsel for UIDAI, (M: +91 9212717171), to obtain the updated details from UIDAI as also any further information including the address etc., which may be available with them, in respect of the Aadhaar card of the Petitioner's mother whose details are available in the petition. A copy of the petition may be provided to the ld. Counsel for UIDAI.
9. Let the same be placed before this Court in the sealed cover on the next date of hearing."
3. The Unique Identification Authority of India (hereinafter, 'UIDAI') has filed a short affidavit dated 22nd July, 2024, deposed by Sh. Ankur Singh Chauhan, posted as Deputy Director at UIDAI, Regional Office, Delhi, which in fact does not reveal any information about the Petitioner's mother-Smt. Dashrath Devi. The said affidavit has been handed over and taken on record by this Court today.
4. The order passed by this Court on 11th July, 2024 is absolutely clear. In the present habeas corpus petition, the Petitioner, i.e., a daughter is seeking production of her mother, and continuous efforts are being made to trace the whereabouts of Petitioner's mother. In such cases, the UIDAI is expected to co-operate with the Court, and place the information as directed above in a sealed cover on record.
5. In fact, in the aforementioned short affidavit handed over in Court, the concerned Official has stated that the UIDAI has no objection in sharing the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2024 at 02:01:43 demographic information of Petitioner's mother in terms of Section 33 (1) of the Aadhaar Act, 2016; if directed by the Court.
6. The directions given in the last order are clear that the information is to be placed in a sealed cover by the UIDAI for the perusal of this Court. There cannot be any objection in this regard by the concerned UIDAI Authority, as the concerned Aadhar card holder is not traceable.
7. It is made clear that the information as directed in the previous order dated 11th July, 2024 shall be furnished in a sealed cover on the next date of hearing. The details of the Aadhaar card of the mother of the Petitioner is contained at page no. 27 of the petition. It is the Petitioner's case that certain information was updated recently (Annexure A).
8. The concerned official Sh. Ankur Singh Chauhan, posted as Deputy Director at UIDAI shall remain present before this Court on the next date of hearing.
9. In addition, a status report dated 23.07.2024 authored by Insp. Rizwan Khan, SHO PS Amar Colony has also been handed over to the Court which states that one of the telephone numbers used by the Petitioner's mother, i.e., the missing person, has been traced from Madhya Pradesh. Let the further investigation be continued in this regard, and a fresh status report be placed on record by the next date of hearing.
10. List on 30th July, 2024.
PRATHIBA M. SINGH, J AMIT SHARMA, J JULY 23, 2024/bsr/dn/Pc This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2024 at 02:01:44