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‘Location Sharing’ As A Condition For Bail UPSC NOTE

 


‘Location Sharing’ As A Condition For Bail

  • Supreme Court’s directs that activists Vernon Gonsalves and Arun Ferreira should “pair” their mobile phones with that of the National Investigation Agency (NIA) probe officer as a condition for grant of their bail in the Bhima Koregaon case.

  • The SC ordered Vernon Gonsalves and Arun Ferreira Vernon to keep the location status of their mobile phones active 24 hours a day.

  • In another case, the Delhi High Court on Raman Bhurarua, an accused in a money-laundering case related to the Shakti Bhoj Foods bank fraud. 

  • The High Court had required the accused to “drop a PIN on the Google map to ensure that their location is available to the investigating officer.”

Is this condition will offend the fundamental rights of the accused?

  • The question is whether this condition will offend the rights of the accused under Article 21 [fundamental right to life] of the Constitution.

  • According to advocate Abhinav Sekhri “Location sharing is an undoubtedly intrusive practice which forces accused persons to barter their right to privacy for their liberty”

  • He said “No degree of fear in the minds of agencies can sanction a practice where a person remains under a panopticon of surveillance even when outside of prison. Courts can, and should, consider less intrusive means to secure state interests,”.

  • In 2021, the top court had lashed out against the imposition of “onerous” conditions for grant of bail, saying that such terms “tantamount to denial of bail”.

  • Data protection activist Anjali Bhardwaj said mobile phones today were an “extension of the self”, storing facts and facets of our personal lives.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: ‘Location Sharing’ As A Condition For Bail UPSC NOTE
‘Location Sharing’ As A Condition For Bail UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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