Privacy Rights And Technical Surveillance
India Legal|February 7, 2022
The Delhi High Court recently said if illegally intercepted messages or audio conversations having no sanction of law are permitted, it would lead to manifest arbitrariness and would promote scant regard to the procedure and fundamental rights of the citizens
Shashank Rai and India Legal Bureau
Privacy Rights And Technical Surveillance

THE Indian judiciary, has time and again, upheld the right to privacy. Courts in their orders/judgments have observed that any private conversations of any individual have to be protected unless it is undermining national security and sovereignty.

Recently, a single-judge bench of Justice Chandra Dhari Singh set aside two orders passed by a Special Judge who had framed charges against Jatinder Pal Singh in 2012 in a case registered by the CBI, on the basis of evidence gathered through such illegal means. “It is also relevant to add here that if the directions of the Hon'ble Supreme Court in PUCL which are now re-enforced and approved by the Hon'ble Supreme Court in KS Puttaswamy as also the mandatory rules in regard to the illegally intercepted messages/audio conversations pursuant to an order having no sanction of law, are permitted, it would lead to manifest arbitrariness and would promote the scant regard to the procedure and fundamental rights of the citizens, and law laid down by the Hon'ble Supreme Court, the Court said.

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