State vs Uidai on 17 February, 2022

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Delhi High Court - Orders

State vs Uidai on 17 February, 2022

Bench: Mukta Gupta

                        $~65

                        *             IN THE HIGH COURT OF DELHI AT NEW DELHI

                        +             CRL.M.C. 748/2022
                                      CRL.M.A. 3149/2022 (exemption)

                                      STATE                                        ..... Petitioner
                                                  Represented by:     Ms.Nandita Rao, Additional
                                                                      Standing Counsel (Crl.) &
                                                                      Mr.Amit Peswani, Advocate for
                                                                      the State with Inspector
                                                                      Rajender Singh, P.S.Adarsh
                                                                      Nagar.

                                                         Versus

                                      UIDAI                                       .... Respondent
                                                  Represented by:     Ms.Nidhi Raman, CGSC with
                                                                      Mr.Zubin Singh, Advocate for
                                                                      UIDAI.
                                      CORAM:
                                      HON'BLE MS. JUSTICE MUKTA GUPTA
                                                         ORDER

% 17.02.2022 The hearing has been conducted through video conferencing. CRL.M.A.3149/2022 (for exemption)

1. Exemption allowed subject to just exceptions.

2. Application is disposed of.

CRL.M.C. 748/2022

1. By this petition, the State seeks directions to the respondent to match the chance prints and photographs of unknown accused who committed robbery and murder of the victim in FIR No. 154/2018 Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA Crl.M.C 748/2022 Page 1 of 2 Signing Date:18.02.2022 20:08:24 under Sections 392/397/302/34 IPC and 25/27 of the Arms Act registered at P.S. Adarsh Nagar, with data of Aadhar.

2. Notice. Learned CGSC for the respondent accepts notice. She seeks time to file the status report and contends that there is a complete restriction on sharing of the biometric particulars as also the photographs with any agency/person.

3. Undoubtedly, the respondent cannot share the biometric identity of an individual with other agencies/persons, however, the issue in the present petition is, whether Aadhar Act 2016 permits the respondent to inform an Investigating Agency as to whether the chance prints and photographs retrieved by it from the place of occurrence matched with the biometric particulars of a person in the data of the respondent and provide details with regard to his identity.

4. Status report be filed by the respondent within three weeks. Response to the status report within two weeks thereafter.

5. List on 28th April 2022.

6. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

FEBRUARY 17, 2022/akb Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA Crl.M.C 748/2022 Page 2 of 2 Signing Date:18.02.2022 20:08:24

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Delhi High Court - Orders