Delhi High Court Protects Privacy Rights in Bail Case
In a significant ruling that reinforces the right to privacy, the Delhi High Court has struck down a controversial bail condition that required an accused person to share their location with police 24 hours a day through Google. Justice Vikas Mahajan delivered the judgment while hearing a petition seeking modification of what was described as excessive and intrusive bail terms.
Court Deems Constant Surveillance Unconstitutional
The High Court firmly stated that the condition requiring the petitioner to share location data continuously with the investigating officer was not sustainable under law. Justice Mahajan explicitly ordered the deletion of this provision from the bail conditions, agreeing with the petitioner's argument that it represented an unreasonable invasion of privacy.
The court based its decision on the Supreme Court's 2024 judgment in the case of Frank Vitus versus NCB (Narcotics Control Bureau). In that landmark ruling, the apex court had clearly established that technology-based tracking of an accused person amounts to surveillance and violates Article 21 of the Constitution, which protects the right to privacy and personal liberty.
Supreme Court Precedent Guides the Ruling
The Delhi High Court extensively referenced the Supreme Court's clear position that investigating agencies cannot be permitted to continuously peep into the private life of an accused. The Supreme Court had emphasized that bail conditions cannot serve as a tool for constant vigil over an accused person's movements.
The Supreme Court had noted that requiring an accused to keep police constantly informed about their movements from one place to another would effectively amount to keeping them in a state of confinement even while on bail. This position formed the cornerstone of the Delhi High Court's decision to remove the location-sharing requirement.
The ruling establishes an important precedent regarding the limits of technological surveillance in criminal investigations and reinforces the constitutional protection of privacy rights for individuals facing criminal charges.
