New Delhi: The Supreme Court on Monday said there cannot be a bail condition that allows police to spy on the private life of an accused in a criminal case.
A bench of Justices Abhay S Oka and Ujjal Bhuyan struck down a bail condition imposed by the Delhi High Court that required a Nigerian national to share the Google Maps pin on his mobile device with the investigating officer in a drug case.
Justice Oka, delivering the verdict, said: "There cannot be a condition of bail which defeats the very purpose of bail. We have said that Google pin cannot be a condition of bail. No "There may be a bail condition that allows police to constantly track movement." "The police cannot be allowed to spy on the private life of the accused on bail."
The court pronounced the verdict on the plea of Frank Vitus, a Nigerian national challenging bail condition in a drug case.
On April 29, the top court had reserved its verdict and said it would examine whether one of the conditions imposed by the Delhi High Court, which asks an accused to "place a Google pin" on his mobile phone to allow investigators to track his movements while he is on bail. violated the fundamental right to privacy.
In a landmark decision, a nine-judge constitutional bench unanimously declared on August 24, 2017 that the right to privacy was a fundamental right under the Constitution.
The high court took note of the condition and prima facie said that it violated the right to privacy of the accused extended bail.
The top court has also imposed similar bail conditions for sharing Google PIN to other accused in different cases. The high court has also taken note of the bail conditions of other accused.
On February 8 this year, the Delhi High Court granted bail to one Raman Bhuraria. He was arrested in connection with a money laundering probe arising out of an alleged Rs 3,269 crore financial irregularity case against Shakti Bhog Foods Ltd.
The high court had imposed several bail conditions and one of them read: "The applicant shall attach a Google pin location from his mobile phone to the concerned IO, which shall remain operational during his bail."
A bench of Justices Abhay S Oka and Ujjal Bhuyan struck down a bail condition imposed by the Delhi High Court that required a Nigerian national to share the Google Maps pin on his mobile device with the investigating officer in a drug case.
Justice Oka, delivering the verdict, said: "There cannot be a condition of bail which defeats the very purpose of bail. We have said that Google pin cannot be a condition of bail. No "There may be a bail condition that allows police to constantly track movement." "The police cannot be allowed to spy on the private life of the accused on bail."
The court pronounced the verdict on the plea of Frank Vitus, a Nigerian national challenging bail condition in a drug case.
On April 29, the top court had reserved its verdict and said it would examine whether one of the conditions imposed by the Delhi High Court, which asks an accused to "place a Google pin" on his mobile phone to allow investigators to track his movements while he is on bail. violated the fundamental right to privacy.
In a landmark decision, a nine-judge constitutional bench unanimously declared on August 24, 2017 that the right to privacy was a fundamental right under the Constitution.
The high court took note of the condition and prima facie said that it violated the right to privacy of the accused extended bail.
The top court has also imposed similar bail conditions for sharing Google PIN to other accused in different cases. The high court has also taken note of the bail conditions of other accused.
On February 8 this year, the Delhi High Court granted bail to one Raman Bhuraria. He was arrested in connection with a money laundering probe arising out of an alleged Rs 3,269 crore financial irregularity case against Shakti Bhog Foods Ltd.
The high court had imposed several bail conditions and one of them read: "The applicant shall attach a Google pin location from his mobile phone to the concerned IO, which shall remain operational during his bail."
