Exploring the Supreme Court’s Concerns Over Bail Condition Requiring Google Pin Location Sharing
In a significant legal development, the Supreme Court of India has raised questions about a bail condition that mandates an accused individual to share their Google pin location with the Investigation Officer during the period of their bail. This condition has ignited concerns regarding the potential infringement upon an individual’s right to privacy. The case in question involves the internal auditor of Shakti Bhog Foods Limited, who was granted bail in connection with a money laundering case related to bank loan fraud.
Delhi High Court’s Bail Condition Under Scrutiny
The Supreme Court has undertaken a comprehensive review of the bail condition imposed by the Delhi High Court. The primary objective is to determine whether this condition aligns with the principles enshrined in Article 21 of the Indian Constitution, which safeguards the right to life and personal liberty. Justice Abhay S. Oka has emerged as a vocal advocate for assessing the practical implications of such a condition and whether it potentially encroaches upon an individual’s fundamental right to privacy.
Technology vs. Right to Privacy
In defense of the bail condition, the counsel representing the Enforcement Directorate has argued that it serves as a technological measure to ensure compliance, akin to the requirement of the accused reporting to the Investigation Officer on a weekly basis. However, Justice Oka has drawn a crucial distinction, emphasizing that tracking an individual’s movements differs significantly from ensuring their physical presence. The counsel also referred to the Puttuswamy case, where the Supreme Court asserted that crime prevention could, in certain circumstances, justify limited infringement upon the right to privacy. Nevertheless, Justice Oka has highlighted that this specific issue was not specifically addressed in the Puttuswamy case.
Next Hearing Scheduled for 12th December
The Supreme Court has decided to defer further deliberation on this matter until December 12th. During this interval, the Court will meticulously examine the bail condition imposed by the Delhi High Court and assess its compatibility with the sacrosanct right to privacy.
Background of the Case
The underlying case revolves around an FIR filed against Shakti Bhog Foods Limited for alleged financial irregularities and the misappropriation of funds. Notably, the internal auditor, who was granted bail, asserts that he was not explicitly named as an accused in the FIR and denies involvement in the alleged activities during the period under investigation. The Delhi High Court granted bail to the applicant but imposed several conditions, including the requirement to share their Google pin location with the Investigation Officer.
Bail Conditions Set by Delhi High Court
The bail conditions stipulated by the Delhi High Court included furnishing a personal bond, surrendering the passport, providing a cellphone number for contact, and sharing a Google pin location with the Investigation Officer. Additionally, the applicant was prohibited from engaging in any unlawful activities or actions that could prejudice pending cases. Furthermore, cooperation with the ongoing investigation and compliance with court directives were mandated.
Case Title: Directorate of Enforcement V Raman Bhuraria, Diary No.★23447 ★2023
