LI Network
Published on: October 4, 2023 at 10:35 IST
The Supreme Court has raised concerns regarding a bail condition that mandates the accused to share their Google location with the investigating officer during the bail period, suggesting that it might infringe upon the individual’s right to privacy.
A division bench consisting of Justice Abhay S Oka and Justice Pankaj Mithal was presiding over a case involving the Enforcement Directorate’s challenge against a Delhi High Court decision to grant bail to the internal auditor of Shakti Bhog Foods Limited (SBFL), who was accused in a money laundering case related to a bank loan fraud amounting to several crores.
The central question before the Supreme Court revolves around whether the bail condition imposed by the Delhi High Court, which requires the accused to continuously share their Google pin location from their mobile phone with the investigating officer during their bail, is permissible under Article 21 of the Constitution.
During the proceedings, Justice Oka expressed reservations about this bail condition, suggesting that it could potentially encroach upon an individual’s fundamental right to privacy. He asked the counsel representing the Enforcement Directorate to clarify the practical implications of such a condition, stating, “Once a person is granted bail, certain conditions are imposed. However, in this case, you are tracking their movements after the grant of bail. Doesn’t this violate the right to privacy?”
In response, the counsel argued that this technological measure is akin to the traditional requirement of individuals reporting to the investigating officer regularly. However, Justice Oka maintained that tracking the accused’s movements is a different matter altogether.
The counsel for the Enforcement Directorate also cited the Puttuswamy case, in which the Supreme Court had held that crime prevention justifies limited intrusions on the right to privacy. However, Justice Oka pointed out that the issue at hand was not addressed in the Puttuswamy case.
The Supreme Court has scheduled further consideration of this matter for December 12th and had previously decided to examine the constitutional validity of such a bail condition.
The specific bail condition in question, as imposed by the Delhi High Court, is as follows:
(d) The applicant shall drop a Google pin location from his mobile phone to the IO concerned, which shall be kept operational throughout his bail.
This case arose from an FIR filed due to financial irregularities and fund misappropriation related to credit facilities obtained by SBFL from a consortium of banks, led by the State Bank of India, resulting in an estimated loss of Rs. 3269.42 crores.
The respondent in this case maintains that he was not named as an accused in the FIR and that he was not the internal auditor of SBFL during the period under investigation.
The Delhi High Court had granted bail to the applicant with several conditions, including the aforementioned Google pin location sharing requirement, as well as other conditions related to bond, travel restrictions, cellphone availability, compliance with the law, and cooperation with the investigation.
