Conducting Surveillance Without Adhering To The Procedure Would Violate An Individual's Right To Privacy - Rajasthan HC

The Rajasthan High Court recently ruled that conducting surveillance without adhering to procedural safeguards would violate an individual's fundamental right to privacy. This decision came when the court invalidated three phone-tapping orders issued by the State's Home Ministry in the case of Shashikant Joshi v. State of Rajasthan.

Justice Birendra Kumar pointed out that the Indian Telegraph Act contains provisions to ensure procedural safeguards, aimed at preventing unwarranted infringement of the right to privacy, and these safeguards must be strictly followed. In 2020 and 2021, the State Home Ministry issued three orders to intercept the mobile phones of individuals accused in a bribery case, including the petitioner. The authorities justified their actions under the Indian Telegraph Act, claiming that the petitioner was involved in bribing a public servant.

However, the court noted that the interception orders did not provide any reasons to justify the necessity of such surveillance for public safety. As a result, the court deemed these orders as manifestly arbitrary.

In light of the petitioner's argument that his right to privacy was violated by the state's surveillance of his mobile phone, the court invalidated the interception orders. Furthermore, the court ruled that any messages intercepted from the petitioner's mobile phone would not be admissible as evidence in the ongoing criminal proceedings.