Mumbai: The Bombay High Court has raised serious national security concerns over cases in which foreign nationals allegedly cross into India illegally and then obtain Aadhaar, PAN and other Indian identity documents using forged papers to claim an Indian identity. The court has asked the Centre to consider necessary amendments to the Aadhaar Act so that investigating agencies can identify such individuals quickly, initiate deportation proceedings and take effective measures to prevent their re-entry into the country.
A bench of Justice A S Gadkari and Justice Kamal Khata observed that a concerning pattern had emerged in which foreign nationals allegedly enter India illegally, conceal their actual identities by creating fraudulent documents and subsequently obtain Aadhaar and other government-issued identity documents.
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The court said the situation reflected serious gaps in inter-agency coordination and document verification procedures. It stressed the need for central and state agencies to work together to trace and deport such foreign nationals on a priority basis.
Centre Asked to Consider Aadhaar Act Amendments
The High Court directed the concerned department of the central government to consider necessary amendments to the Aadhaar Act. According to the court, the legal framework should provide an effective mechanism through which investigating agencies can trace foreign nationals who obtain Aadhaar or other identity documents using forged papers.
The bench observed that fraudulent acquisition of Aadhaar is not merely an identity-related issue but can create wider vulnerabilities involving immigration and national security. It also stressed that investigations in such cases should be completed within a stipulated timeframe and that delays should not benefit individuals accused of illegal infiltration.
The court further underlined the need for a robust institutional mechanism to address issues such as human trafficking and border infiltration. Given the scale and seriousness of the problem, it said authorities must deal with such cases with urgency and coordination.
Afghan National Allegedly Changed Identity
The case came before the High Court through a petition filed by the Maharashtra government, which sought directions to the Unique Identification Authority of India (UIDAI) to provide identity-related information and Aadhaar authentication records concerning Afghan national Majid Khan Shah.
According to the allegations before the court, Shah overstayed in India after the expiry of his visa. He allegedly destroyed his original passport and subsequently assumed a new identity in the name of Miraj Tahir Khan.
Investigators alleged that he obtained several forged documents, including a PAN card, Aadhaar card and school leaving certificate. Using these documents, he allegedly managed to obtain an Indian passport.
Police registered a case in 2019 against Shah and several other individuals who were allegedly involved in helping prepare the forged documents.
UIDAI Ordered to Provide Records Within Two Weeks
The Maharashtra government told the court that cases involving illegal border infiltration followed by fraudulent procurement of Aadhaar documents could pose systemic threats to national security.
The High Court directed UIDAI to provide the city police, within two weeks, with the documents submitted by Shah at the time of his Aadhaar enrolment. The records are expected to assist investigators in examining how the alleged false identity was created and what documents were used in the process.
Deportation Proceedings to Begin Within Four Weeks
The court also directed the competent immigration authorities to initiate deportation proceedings against Majid Khan Shah within four weeks.
The High Court’s observations underline that fraudulent acquisition of government identity documents by foreign nationals cannot be viewed merely as a case of document fraud. The court has linked the issue to broader concerns involving identity verification, immigration control and national security.
The case also highlights the need for closer coordination between agencies responsible for immigration, identity verification, policing and national security. The Centre’s response to the court’s suggestion on amendments to the Aadhaar Act and the development of a coordinated mechanism for dealing with such cases will now be closely watched.
About the author — Suvedita Nath is a science student with a growing interest in cybercrime and digital safety. She writes on online activity, cyber threats, and technology-driven risks. Her work focuses on clarity, accuracy, and public awareness.
