Aadhaar Act Can’t Be Applied Retrospectively with Clear Provision: Calcutta High Court

The Calcutta High Court held that the Aadhaar Act, 2016, cannot be applied retrospectively, as it lacks provisions for retroactive operation.

Citing Article 20(1) of the Constitution, the Court quashed proceedings against a petitioner accused of Aadhaar-related offences from 2014. 

The petitioner faced charges under Sections 419, 420, 468 IPC, Sections 34, 35, 42 of the Aadhaar Act, and Sections 66C, 66D of the IT Act.

The Court found no intent to deceive and noted UIDAI’s technical mismatch findings and the petitioner’s efforts to rectify issues, terming the case an abuse of legal process. (Dulal Kumbhakar v  State of West Bengal & Anr.)