Supreme Court Rules Against Intrusive Bail Conditions, Upholds Right to Privacy
New Delhi: On Monday, July 8, the Supreme Court declared that bail conditions enabling an investigating agency to continuously monitor the movements of an accused violate the right to privacy guaranteed under Article 21 of the Constitution.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan made this determination while deleting a bail condition imposed on Nigerian national Frank Vitus in a drug case. The condition required Vitus to drop a PIN on Google Maps to ensure his location was available to the investigating officer. The court asserted that bail conditions must not be “fanciful, arbitrary, or freakish.”
“The investigating agency cannot be permitted to continuously peep into the private life of the accused enlarged on bail by imposing arbitrary conditions, since that will violate the right of privacy of the accused, as guaranteed by Article 21,” the bench stated.
The court emphasized that imposing a constant technological or otherwise vigil on an accused’s movements infringes on their rights, including the right to privacy. Such surveillance would equate to keeping the accused in a form of confinement even after being released on bail, which is unacceptable as a bail condition.
In the case of Vitus, the bench highlighted that the condition of dropping a PIN on Google Maps was imposed without considering its technical implications or relevance as a bail condition. The court ordered the deletion of this condition.
The bench further noted that an accused whose guilt is yet to be established is entitled to the presumption of innocence and cannot be deprived of all rights under Article 21. It urged restraint in imposing bail conditions, which should only restrict the accused’s freedom to the extent necessary under the law.
The court acknowledged that bail conditions should not be so onerous as to defeat the purpose of granting bail. While periodic reporting to the police or court and restrictions on traveling abroad are acceptable, requiring constant updates on movements is not permissible. Bail conditions should ensure the accused’s cooperation with the investigation, attendance at trial, and non-interference with witnesses or evidence, without overstepping constitutional rights.
The Supreme Court also deleted another condition imposed by the Delhi High Court requiring Vitus to obtain a certificate from the Nigerian Embassy stating he would not leave the country and would appear in court as needed.
Vitus, arrested on May 21, 2014, was granted bail on May 31, 2022, with conditions he later challenged in the Supreme Court.
