Israeli drug lord Yaniv Benaim, alias Atala, arrested by the Anti-Narcotic Police (ANC), in his affidavit has stated that providing information about him to the police would infringe his right to privacy, even as the police want to probe how the foreigner obtained an Aadhaar Card when he had no travel documents.
The Anjuna Police have filed a criminal application before the High Court of Bombay at Goa, seeking to investigate how the Aadhaar Card was issued to Atala.
After Atala filed his affidavit-in-reply, the High Court, in the presence of counsels for both parties, opened the sealed envelope submitted by Gaurav Choudhary, Deputy Director of UIDAI (Unique Identification Authority of India), Regional Office, Mumbai.
Atala, in his affidavit, stated that furnishing his documents to the police would amount to an infringement of his fundamental right to privacy, as per the Puttaswamy judgment delivered by the Supreme Court.
Atala, in his affidavit, further stated that the application filed by the Anjuna Police does not establish any compelling necessity or proportionality. The application is bereft of any jurisdiction related to national security or any demonstrable fundamental rights.
However, the police want to probe how Atala procured the documents and obtained an Aadhaar Card when he was found staying illegally in the country.
“Giving info will infringe my right to privacy,” Atala submits in HC.
The ANC police had arrested Atala for possessing narcotics worth ₹8.70 lakh at his rented accommodation in Siolim on April 4 this year. During the course of the investigation, it was revealed that the accused had no travel documents but had managed to obtain an Aadhaar Card. In this connection, the Anjuna Police registered a case against Atala under the relevant section of the Foreigners Orders Act, 1948, and under Section 14 of the Foreigners Act, 1946.
After police wrote to the UIDAI to furnish details/documents submitted by Atala to secure the Aadhaar Card, the Regional Office of UIDAI replied that the information sought is restricted, except as permitted under Section 33 of the Supreme Court order.
The police then approached the High Court, seeking directions to the UIDAI to furnish the information, and the Court asked the UIDAI to submit the information in a sealed envelope. Atala was issued an Aadhaar Card in 2021, based on guidelines dated November 2, 2020. A Group A Gazetted Officer had attested Atala’s documents.
The Court has now posted the matter for further hearing on Monday, July 14.