SURVEILLANCE – VIOLATION OF PRIVACY BY POLICE
KHARAK SINGH V. STATE OF UTTAR PRADESH (1963 AIR 1295, 1964 SCR (1) 332)
Bench: Ayyangar, N. Rajagopala
DATE OF JUDGMENT: 18/12/1962
Facts –
The petitioner was arrested in a dacoity case but he was released under section 169 of Crpc due to a lack of evidence against him.
He was still a criminal under the eyes of authorities, history sheet of him was opened by the police authority, for the matter of surveillance chowkidar of the village and police constables used to enter his house at odd hours, wake him up at night and disturbed his sleep on a number of occasions, for reporting his presence to the police station
This was done under the UP Police Regulations. These regulations gave the police broad surveillance powers over the petitioner, this included the right to domiciliary visits to habitual offenders and to those individuals who were at risk of becoming criminals.
The petitioner filed petition to supreme court challenging constitutional validity of chapter 20 of UP police regulations and powers conferred upon police on the ground that it violates the rights guaranteed to citizens under articles 19(1)(d) and 21 of constitution.
Issues-
Whether chapter 20 of UP police regulations and powers conferred upon police officials by its provisions constitutionally valid, as they violate the rights guaranteed to citizens under Articles 19(1)(d) and 21 of the Constitution?
Held:
The Supreme Court, in its judgement, held that the provisions of the Uttar Pradesh Police Regulations allowing for surveillance and domiciliary visits without a warrant were unconstitutional and violated the fundamental rights of citizens. The court held that the right to privacy was an essential ingredient of personal liberty and was implicit in Article 21 of the Constitution. The court also held that the freedom of movement guaranteed under Article 19(1)(d) included the right to move freely without any interference from the state.
The court further observed that the right to privacy was not an absolute right and could be restricted in the interest of public order, national security, and the prevention of crime. However, any such restriction had to be reasonable and in accordance with the procedure established by law.
The judgement in Kharak Singh v. State of Uttar Pradesh has been influential in shaping the jurisprudence on the right to privacy in India. It established the principle that the right to privacy is a fundamental right implicit in the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution.
Relevant provisions - section 169 of Crpc, Article 19(1)(d) and 21 of the Indian constitution.
Keyword – history sheet
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