Bail Condition Allowing Police to Track Accused Violates Privacy : Supreme Court
In the case of Frank Vitus v. Narcotics Control Bureau, the Supreme Court ruled that bail conditions enabling police to constantly track an accused's movements infringe on privacy rights. Justices Abhay S Oka and Ujjal Bhuyan examined whether requiring an accused to drop a pin on Google Maps for the investigating officer violated the right to privacy.
Justice Oka stated, "There can't be a bail condition enabling the police to constantly track the movement of the accused and virtually peep into their private life." The court also relaxed a condition requiring foreign accused to get assurance from their embassy that they would not leave India, stating that bail conditions should not defeat the purpose of granting bail.
Key Points from the Judgment:
1. Objective of Bail Conditions:
o Bail conditions should not allow for constant surveillance of the accused.
o Imposing conditions that infringe on privacy violates Article 21 of the Constitution.
2. Privacy and Technology:
o The court noted that requiring the accused to drop a pin on Google Maps would not result in real-time tracking, as confirmed by Google LLC.
o Justice Oka highlighted that continuous monitoring via technology would effectively confine the accused even after bail, infringing on privacy rights.
3. Case Details:
o The Supreme Court was reviewing a Delhi High Court order that required the accused, a Nigerian national, to share their location via Google Maps and get a certificate from their embassy.
o The court directed the deletion of these conditions, stating they were redundant and unnecessary.
4. Legal Implications:
o Any bail condition allowing police to track an accused's movements is unconstitutional.
o The court emphasized that privacy rights must be upheld, and bail conditions should not equate to virtual confinement.
The Supreme Court's ruling ensures that bail conditions respect the privacy of the accused, aligning with the constitutional protections under Article 21.