Madras High Court
Unknown vs The Deputy Director on 12 June, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
W.P.(Crl).No.9331 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 12.06.2025
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.(Criminal).No.9331 of 2025
and
W.M.P.No.10487 of 2025
---
The State of Tamil Nadu,
Rep. by The Deputy Superintendent of Police,
Tindivanam Sub-Division,
Villupuram District.
(Crime No.120 of 2024) .. Petitioner
Vs.
The Deputy Director,
Ministry of Electronic & Information Technology,
Unique Identification Authority of India (UIDAI)
3rd Floor South Wing,
Khanija Bhavan,
No.49, Race Course Road,
Bangaluru-560 001.
.. Respondent
Writ Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, to direct the respondent to compare the
finger prints of the unknown deceased person that was sent by the petitioner to
the respondent, vide Letter No.C.No.441/SDO-TDM/2024, dated 25.11.2024 with
the finger prints available in their Data and provide demographic information
(Name, Father Name & Address) to the petitioner-Police in identifying the details
of the unknown deceased person.
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W.P.(Crl).No.9331 of 2025
For petitioner : Dr.C.E.Pratap, Govt.Advocate (Crl. side)
For respondent: Mr.AR.L.Sundaresan, Addl. Solicitor General of India assisted by
Mr.K.Srinivasa Murthy, Senior Panel Counsel
ORDER
The State of Tamil Nadu had filed the present Writ Petition praying for issuance of a Writ of Mandamus, to direct the respondent to compare the finger prints of the unknown deceased person that was sent by the petitioner to the respondent, vide Letter No.C.No.441/SDO-TDM/2024, dated 25.11.2024 with the finger prints available in their Data and provide demographic information (Name, Father Name & Address) to the petitioner-Police in identifying the details of the unknown deceased person.
2. The learned Government Advocate appearing for the petitioner submitted that on 01.04.2024, an unidentified male body, aged around 30–35 years, was found in suspicious circumstances near Pathri Village, Villupuram District, and a case was registered under Section 302 IPC. Despite conducting a thorough investigation, including examination of witnesses, analysis of call data records, verification of CCTV footage, public notices, and circulation of the deceased’s photograph to all police stations and prisons across Tamil Nadu and Puducherry, the identity of the deceased could not be established. It was further Page No.2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 02:05:28 pm ) W.P.(Crl).No.9331 of 2025 submitted that, as a last resort, the fingerprint of the deceased was forwarded to the Unique Identification Authority of India (UIDAI) with a request to compare it against the Aadhaar database to ascertain his identity. However, the said request was declined citing legal restrictions under the Aadhaar Act. The learned counsel contended that, in the interest of justice and for effective investigation of a murder case, such fingerprint verification, under appropriate safeguards, ought to be permitted, as all other avenues of identification had been exhausted.
3. The learned Additional Solicitor General of India appearing for the respondent submitted that under Section 29(1) of the Aadhaar Act, 2016, core biometric information, including fingerprints, cannot be shared for any purpose. It was further submitted that under Section 33(1) of the said Act, identity information can be disclosed only pursuant to an order passed by a Judge of the High Court, and only after giving an opportunity of hearing to both UIDAI and the concerned Aadhaar number holder. Additionally, it was contended that the Aadhaar system is technically designed only for one-to-one biometric authentication, where an individual’s fingerprint is matched against their own Aadhaar number. It does not support one-to-many fingerprint matching, where a single fingerprint is compared against the entire Aadhaar database. Therefore, the relief sought is both legally impermissible and technically unfeasible.
4. Upon hearing the submissions of both sides and perusing the materials Page No.3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 02:05:28 pm ) W.P.(Crl).No.9331 of 2025 placed on record, this Court is of the considered view that the relief prayed for cannot be granted. Admittedly, the petitioner has not identified any specific individual or Aadhaar number, and seeks a general comparison of the fingerprint of the deceased with the entire Aadhaar database. Such a request is clearly barred under Section 29(1) of the Aadhaar Act. Though Section 33(1) of the Aadhaar Act provides a limited exception for disclosing identity information, it requires a specific order from a Judge of the High Court, which must be passed only after giving prior notice to both UIDAI and the concerned Aadhaar number holder. Moreover, as stated by the respondent in paragraphs (xvi) and (xvii) of the counter affidavit, the Aadhaar system is technically not equipped to carry out a one-to-many fingerprint comparison, and it is not intended to be used for forensic or investigative purposes of this nature.
5. In light of the above legal limitations under Sections 29 and 33 of the Aadhaar Act and the technical constraints of the UIDAI system, this Court finds no merit in the present writ petition.
6. Accordingly, the writ petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed.
12.06.2025 (2/2) cs Page No.4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 02:05:28 pm ) W.P.(Crl).No.9331 of 2025 To
1. The Deputy Superintendent of Police, Tindivanam Sub-Division, Villupuram District.
(Crime No.145 of 2024)
2. The Deputy Director, Ministry of Electronic & Information Technology, Unique Identification Authority of India (UIDAI) 3rd Floor South Wing, Khanija Bhavan, No.49, Race Course Road, Bangaluru-560 001.
3. The Additional Solicitor General of India, High Court, Madras.
4. The Public Prosecutor, High Court, Madras.
Page No.5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 02:05:28 pm ) W.P.(Crl).No.9331 of 2025 P.VELMURUGAN, J cs W.P.(Crl).No.9331 of 2025 12.06.2025 (2/2) Page No.6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 02:05:28 pm )