Attempt to Obtain Indian Citizenship via Misuse of Aadhaar Cards; High Court Expresses Concern, Issues Urgent Directives to Central Government

Mumbai: The Bombay High Court has expressed serious concern regarding foreign nationals infiltrating Indian borders and claiming Indian citizenship by fraudulently obtaining documents such as Aadhaar and PAN cards. The Court stated that the Central Government needs to take immediate steps to address this issue.
Incidents of foreign nationals obtaining forged documents reveal serious lapses in coordination among various government agencies and in the document verification process. In some instances, it has been observed that such individuals have also been involved in anti-national activities. Consequently, a bench comprising Justice A.S. Gadkari and Justice Kamal Khata observed the need to identify such infiltrators and deport them from the country on a priority basis.
In an order issued last month, the Court directed the relevant department of the Central Government to consider making necessary amendments to the Aadhaar Act. The Court noted that such amendments would enable investigative agencies to trace individuals who have entered the country illegally or are attempting to secure citizenship based on forged documents.
Such activities pose serious threats to systems related to identity, migration, and national security. Therefore, the Court emphasized that all state and central agencies must work in coordination to identify such foreign nationals and make concrete efforts to deport them on a priority basis. The bench stated that infiltrators should not be allowed to take advantage of delays in investigative or administrative processes.
Additional Public Prosecutor Jayesh Yagnik stated that incidents of fraudulently obtaining Aadhaar cards following illegal border infiltration pose a systemic threat to the country's security. Deadline for UIDAI
The court directed the UIDAI to provide the city police, within two weeks, with the necessary documents submitted by Majid Khan at the time of his Aadhaar enrollment. Additionally, the High Court ordered the competent migration authorities to initiate deportation proceedings against Majid Khan within four weeks.
What is the Majid Khan Shah case?
The court issued this order in response to a petition seeking a directive to the Unique Identification Authority of India (UIDAI) to provide information regarding the identity and Aadhaar authentication records of Majid Khan Shah, an Afghan national.
Majid Khan Shah is accused of residing in India even after the expiry of his visa. He is further alleged to have destroyed his original passport and created a false identity under the name ‘Miraj Tahir Khan’. Using this fabricated identity, he obtained forged documents such as a PAN card, Aadhaar card, and a school leaving certificate. Through these means, he also secured an Indian passport. In 2019, the city police registered a case against Majid Khan and other individuals who assisted him in creating the forged documents.