The Supreme Court of India has decided to examine the legality of a Delhi High Court order that requires an accused individual to share their live location with the police as a condition for granting bail. The issue arose when the Enforcement Directorate appealed against the bail granted to an accused in a money laundering case, arguing that forcing the accused to constantly share their live location violates their rights.
During the hearing, Justices Abhay S Oka and Sanjay Karol raised concerns about the conditions imposed on the accused, referring to it as total surveillance and questioning whether it should be allowed. While the Supreme Court refused to stay the bail granted to the accused in this particular case, it has decided to examine the issue further by issuing a notice.
The case in question involves the granting of bail to Raman Bhuraria, the internal auditor of Shakti Bhog Foods Limited, who was arrested in August 2021 in connection with a money laundering case worth Rs 3,269.4 crore related to a bank fraud committed by the company. The Delhi High Court, while granting bail to Bhuraria, had ordered him to drop a Google pin location from his mobile phone to the investigating officer, which would be kept operational throughout his bail period.
The Supreme Court’s decision to examine the legality of such a condition is significant as it raises questions about the right to privacy and the extent to which the police can monitor the accused. The court’s stance indicates that it will closely scrutinize the imposition of such conditions, considering their potential violation of the rights of the accused.
The Supreme Court’s examination of this issue will likely provide clarity and guidance on the boundaries of monitoring conditions that can be imposed as a condition for granting bail. It remains to be seen how the court will balance the need for surveillance in criminal cases with the rights of the accused, particularly regarding issues of privacy and personal liberty.
In conclusion, the Supreme Court of India has decided to examine the legality of a Delhi High Court order that requires an accused individual to share their live location with the police for the duration of their bail. This decision raises important questions about the rights of the accused and the boundaries of surveillance in criminal cases. The court’s examination of the issue will provide valuable guidance on this matter and has the potential to shape future practices related to bail conditions.
