Live location as bail condition: SC seeks Google’s assistance

Tribune News Service

Satya Prakash

New Delhi, February 25

Does requiring accused persons to share their geo-location as a condition for grant of bail violate their right to privacy, which was declared a fundamental right by the Supreme Court in 2017?

Faced with this question, the Supreme Court has issued notice to Google India directing it to explain how its PIN location-sharing feature on Google Maps works.

“The said company shall file an affidavit along with the necessary documents explaining the working of google PIN in the context of putting a condition in the order granting bail. The issue is whether such a condition infringes right to privacy,” a Bench led by Justice AS Oka said on Friday, while dealing with a bail plea of Nigerian national Frank Vitus.

“We make it clear that we are not impleading Google India Private Limited as a party respondent,” it said, posting the matter for further hearing in April. Vitus — an accused in a drugs case — has challenged the Delhi High Court’s 2022 order requiring him to drop a PIN on Google Maps to ensure that their location was available to the investigation officer of the case as a condition for his release on interim bail. A similar condition was imposed on a co-accused.

The Delhi High Court had asked the accused to get an assurance from the High Commission of Nigeria in New Delhi that they would not leave India and would appear before the trial court.

However, the Supreme Court said, “Prima facie, we are of the view that such an onerous condition cannot be put as no embassy will be in a position to give such assurance. Therefore, we direct that the petitioner shall be released on interim bail on the terms and conditions incorporated in the impugned order except for the condition regarding dropping a PIN on the google map and obtaining assurance from the High Commission of Nigeria.”

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