The Supreme Court observed that requiring individuals to share their Google pin location as a condition for bail violates their fundamental rights under Article 21, which guarantees the right to privacy. The Court emphasized that while there have been instances where such conditions were imposed, they cannot be a prerequisite for bail.
![[ Right to Privacy] Sharing Google Pin as Bail Condition Violates the Fundamental Rights Under Article 21: Supreme Court](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/04/MicrosoftTeams-image-15-2.png?resize=804%2C402&ssl=1)
NEW DELHI: Today (29th April): The Supreme Court noted that imposing the condition of sharing a Google pin location as a bail requirement infringes upon the right to privacy enshrined under Article 21 of the Indian Constitution.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan had earlier directed Google India to explain its pin location-sharing feature on Google Maps. The purpose was to assess whether mandating accused individuals to share their Google PIN location would violate their right to privacy. It is important to note that Google India was not made a party to the case but was merely requested to provide information.
The Court remarked,
‘It cannot be a bail condition. We acknowledge that there are two instances where this Court has done it, but it cannot be a condition for bail.'”
During the proceedings, the Supreme Court stated that while there have been instances where such conditions were imposed by the Court, they cannot be considered a necessary requirement for bail.
The court acknowledged the two previous instances but emphasized that it should not be a bail condition. The Court reserved its orders on the use of Google Pin location as a bail condition, while the rest of the issues were scheduled for further hearing on July 26.
Background:
The case before the Supreme Court involved an appeal against certain conditions set by the Delhi High Court in its order granting interim bail to a Nigerian national, Frank Vitus, who was accused in a drug case. As a condition for bail, the Delhi High Court had required the accused and a co-accused to share their Google pin location to ensure their whereabouts were known to the investigation officer. Additionally, the accused were asked to obtain assurance from the High Commission of Nigeria that they would not leave India and would appear before the trial court.
READ ALSO: Calcutta High Court Affirms Article 21 Rights for Convicts
Furthermore, a separate bench led by Justice Abhay S. Oka expressed strong disapproval of a similar bail condition in a money-laundering case. The Bench had raised concerns that the requirement to constantly share location details via Google Pins could amount to surveillance.
Case Title: Frank Vitus v. Narcotics Control Bureau and Ors
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