‘Courts can’t order accused to share Google location as condition for bail’

New Delhi: In a significant ruling, the Supreme Court on Monday declared that bail conditions allowing the police to monitor the private lives of accused individuals are unconstitutional. This decision comes as a relief to many accused persons, as it reaffirms the fundamental right to privacy.

A bench of Justices Abhay S Oka and Ujjal Bhuyan delivered the verdict, setting aside a controversial bail condition imposed by the Delhi High Court. The condition required Frank Vitus, a Nigerian national accused in a drugs case, to share his Google Maps location with the investigating officer.

Justice Oka, pronouncing the verdict, stated: “There cannot be a bail condition defeating the very objective of bail itself. We have said Google pin cannot be a bail condition. There can’t be a bail condition enabling the police to constantly track the movement of the accused. Police cannot be allowed to peep into the private life of the accused on bail.”

The ruling followed a plea by Frank Vitus challenging the intrusive bail condition. On April 29, the Supreme Court had reserved its verdict, indicating it would scrutinise whether such a condition violated the fundamental right to privacy.

In a landmark decision on August 24, 2017, a nine-judge Constitution bench unanimously declared the right to privacy as a fundamental right under the Constitution. This precedent played a crucial role in the court’s recent ruling.

The Supreme Court noted that the Delhi High Court’s condition prima facie violated the accused’s right to privacy. The apex court also observed similar bail conditions in other cases, where accused persons were mandated to share their Google Maps location with investigators.

One notable instance involved Raman Bhuraria, granted bail by the Delhi High Court on February 8, 2024. Bhuraria, arrested in connection with a money laundering probe related to a Rs 3,269 crore financial irregularity case against Shakti Bhog Foods Ltd, faced a similar condition. The high court had imposed several bail conditions, including the controversial requirement to share his Google Maps location continuously.