Right to privacy can be curtailed when it's for public interest: HC
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Madurai: The
right to privacy
, like all fundamental rights, can be reasonably curtailed when there is a larger public interest involved, observed
Madras high court
while allowing a plea by an electrical inspector who was arrested on graft charges.
The plea sought to secure the voice sample of the complainant in the case, on the ground that it is for the limited purpose of expert analysis in the pending trial.
The court was hearing a criminal revision petition filed by C J Christopher Signi. The petitioner, who served as the electrical inspector in Tirunelveli district, was arrested for accepting a bribe of Rs8,000 from a contractor for issuing a safety certificate for a 20 KVA generator in 2018.
The petitioner filed an application before the trial court seeking forensic examination of certain audio and video recordings pertaining to the case and also sought to secure the voice sample of the complainant. His application was rejected by the Nagercoil chief judicial magistrate court. Challenging the same, the petitioner filed the present criminal revision petition.
The govt advocate for DVAC submitted that the voice sample of the complainant, who is a witness, cannot be compelled without infringing upon his personal liberty and right to privacy.
Compelling such a sample from a private citizen would open the floodgates to misuse and overreach.
Justice B Pugalendhi observed that the Supreme Court has held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution. However, this right is not an absolute right. The refusal to call for the voice sample, when it is the only means to conduct a scientific comparison, cannot be justified merely on the plea of privacy, especially when the sample is sought under judicial supervision and for the limited purpose of expert analysis in a pending trial.
"The petitioner, like any accused, is entitled to a fair opportunity to disprove the allegations against him. Denial of access to forensic comparison in the face of specific electronic material forming part of defence evidence amounts to curtailment of such a right," the judge observed. Hence, the judge allowed the criminal revision petition and set aside the order passed by the trial court.
The judge directed the trial court to permit the forensic examination of the audio and the video recording by a competent govt forensic laboratory, by fixing an outer time limit. The trial court shall take necessary steps to secure the voice sample of the complainant, under due process, for the limited purpose of expert comparison. The judge also directed to proceed with the trial expeditiously, since it is of the year 2020.
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