Kerala High Court
Sunil Kumar, B . L vs The Director General Of Police on 2 December, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 2nd day of December 2022 / 11th Agrahayana, 1944
IA.NO.1/2022 IN WP(CRL.) NO. 879 OF 2022(S)
APPLICANT/RESPONDENT NO.2 IN WP(CRL):
THE STATION HOUSE OFFICER, KADAKKAL POLICE STATION,
KADAKKAL P.O, KOLLAM DISTRICT- 691 536.
RESPONDENT/PETITIONER & RESPONDENT NO.1 & ADDITIONAL RESPONDENT NO.3 TO BE
IMPLEADED:
1. SUNIL KUMAR B.L, AGED 52 YEARS, S/O BALAKRISHNAN NAIR, LALITHA
VILASAM, CHOONDA, CHERUKULAM .P.O, ITTIVA VILLAGE, KOLLAM - 691 306.
2. THE DIRECTOR GENERAL OF POLICE, VELLAYAMBALAM-VAZHUTHACAUD ROAD,
ALTHARA JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM-695
010.
3. THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA (UIDAI), GOVERNMENT OF
INDIA, BANGLA SAHIB ROAD, BEHIND KALIMANDIR, GOLE MARKET, NEW
MARKET, NEW DELHI-110 001, REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to implead the Unique
Identification Authority of India (UIDAI) as additional respondent No.3 in
WP(Crl) No.879/2022 for the purpose of attaining the ends of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of GOVERNMENT PLEADER for the petitioner in IA/R2 in WP(CRL), M/S ARUN R.&
VIDYA G NAIR, Advocates for R1 in IA/petitioner in WP(CRL) and of
SRI.T.A.SHAJI, DIRECTOR GENERAL OF PROSECUTION, SRI. P.NARAYANAN,
ADDL.PUBLIC PROSECUTOR & SRI.SAJJU.S., SENIOR GOVERNMENT PLEADER for R2 in
IA/R1 in WP(CRL), the court passed the following:
P.T.O.
IA No. 1 of 2022 in WP(Crl) No.879/2022
1
ALEXANDER THOMAS & SOPHY THOMAS , JJ.
==================
IA No. 1 of 2022 in WP(Crl) No.879/2022 & WP(Crl) No.879/2022
==================
Dated this the 2nd day of December, 2022
ORDER
IA No. 1 of 2022 in WP(Crl) No.879/2022 This is an application filed by the State, pointing out that the impleadment of the Unique Identification Authority of India (UIDAI), Government of India, as an additional respondent in this WP(Crl) as the investigating agency has to ascertain as to whether the missing person who is found to be missing for the last 11 years, has taken Aadhaar from the UIDAI authority and if that is disclosed and if it is found to be so, then that material would be highly relevant in the investigation process for tracing out the missing person.
2. Heard Sri.E.C.Bineesh, learned Prosecutor appearing for the official respondents in the WP(Crl)/applicants in the IA and Sri.R.Arun and Smt.Vidya G. Nair, learned Advocates appearing for the writ petitioner/respondent in the IA.
3. Learned Prosecutor points out that the person alleged to IA No. 1 of 2022 in WP(Crl) No.879/2022
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be missing for the last 11 years and the complaint has been lodged by the writ petitioner (brother of the missing person) only recently after lapse of a long time and the investigation has been diligently conducted so far and the missing person could not be located till now, and some bank transactions which could have been entered into by the missing person have been disclosed but still, he could not be traced out. Further, the investigating agency is of the considered opinion that effective steps should be taken to ascertain as to whether the missing person has taken Aadhaar card from the Unique Identification Authority of India (UIDAI), Government of India and that it is quite probable that he would have taken such Aadhar card and details of the same will have to be disclosed by the UIDAI authority and Section 33 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 mandates that any disclosure of information could be made pursuant to an order of a Court and not inferior to that of a Judge of the High Court etc and that without obtaining an order from the Court, it may not be legally feasible for the investigating agency to collect this information from the UIDAI. The plea for impleadment is not opposed by the writ petitioner. However, it appears that the IA No. 1 of 2022 in WP(Crl) No.879/2022
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applicants in the IA are the respondents in the WP(Crl). Ordinarily, respondents in the main matter may not have the locus to seek impleadment of additional respondents in the main matter which may be mainly the option of the plaintiffs/petitioners in the main matter, who are the masters of the main proceedings. The writ petitioner has not chosen to file this application. Since the plea is supported by both sides, this Court could consider the option for suo moto impleadment. Accordingly, both sides have requested this Court to suo moto implead the said authority. Hence in the consent of both sides, it is ordered that "Unique Identification Authority of India (UIDAI), represented by its Chief Executive Officer, UIDAI, Government of India, Bangla Sahib Road, Behind Kalimandir, Gole Market, New Delhi 110 001." will suo moto stand impleaded as additional respondent No.3 in the main writ petition (Criminal). The Registry will take necessary steps to amend the cause title of this Writ Petition (Crl) accordingly. No further orders are required in this application.
With these observations and directions, the above application stands disposed of.
IA No. 1 of 2022 in WP(Crl) No.879/2022
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WP(Crl) No.879/2022
4. Learned Prosecutor seeks further time to report about the progress of the investigation after the information is collected from the Aadhaar/UIDAI Authority. Taking note of the urgency of the scenario and as the missing person is stated to be missing for the last 11 years, it is ordered in the interest of justice that Sri.S.Manu, learned Deputy Solicitor General of India has accepted notice on behalf of additional respondent No.3 in the WP(Crl). The Registry will show the name of Sri.S.Manu, learned Deputy Solicitor General of India appearing for additional R3 in the causelist.
5. Further it is ordered in the interest of justice that on a request being made by anyone of the respondents 1 & 2 to additional respondent no.3 in the WP(Crl) as to whether Aadhaar card has been taken in the name of the missing person concerned in this case (Vinod Kumar, aged 48 years) etc and the said information shall be immediately conveyed by R3 to R1 & R2 in the WP(Crl.) or any officer authorized by them. R1 & R2 will furnish necessary details of the missing person, Sri.Vinod Kumar, brother of the writ petitioner, to the R3 UIDAI Authority in order to enable them to make effective search and enquiry as to whether Aadhaar card has been taken in the IA No. 1 of 2022 in WP(Crl) No.879/2022
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name of said Vinod Kumar. Sri.S.Manu, learned Deputy Solicitor General of India will immediately forward a copy of this order to R3 Chief Executive Officer, UIDAI, Government of India, New-Delhi for immediate information and necessary compliance.
6. Sri.E.C.Bineesh, learned Prosecutor appearing for R1 & R2 and Sri.S.Manu, learned Deputy Solicitor General of India appearing for R3 will report before this Court in the next posting day as to the steps taken by the respective parties on the above aspects. Sri.E.C.Bineesh, learned Prosecutor will ensure that a copy of memorandum of this WP(Crl) along with all the Annexures as well as a copy of the IA and statement filed by them in this WP(Crl) are immediately furnished to Sri.S.Manu, learned Deputy Solicitor General of India within a day or two.
List on 19.12.2022.
sd/-
ALEXANDER THOMAS, JUDGE sd/-
SOPHY THOMAS, JUDGE Nsd 02-12-2022 /True Copy/ Assistant Registrar