'Google PIN in Context of Putting It as a Condition of Granting Bail', Says SC; Seeks Assistance

A Supreme Court bench of Justices Abhay S Oka and Ujjal Bhuyan asked Google India whether a condition requiring an accused to continue to provide information to the investigators with his whereabouts could likely infringe on the right to privacy of an individual. The top court also suggested that the tech giant should be asked to share the technical aspects of the movement tracker. Reports ETV Bharat's Sumit Saxena

New Delhi:The Supreme Court on Friday asked Google India whether a condition requiring an accused to continue to provide information to the investigators in relation with his whereabouts could likely infringe on the right to privacy of an individual and also asked the tech-giant to explain the technical aspects of dropping a PIN.

A bench of Justices Abhay S Oka and Ujjal Bhuyan noted that the Ministry of Electronics and Information Technology has given an affidavit and has suggested that as far as working of the Google PIN is concerned, it's appropriate if the information is sought from Google India Pvt Ltd. While issuing notice to Google India Pvt. Ltd, the bench suggested that the company should be asked to share the technical aspects of the movement tracker.

The apex court asked the company to file a response explaining the working of the Google PIN in the context of putting it as a condition of granting bail. The bench made it clear that it is not impleading the company as a respondent in the case but only seeks its assistance for obtaining information on the working of the Google PIN.

The top court set aside the two stringent conditions imposed by the Delhi High Court and granted bail to the accused, who is a Nigerian national, in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The apex court passed the order while hearing a bail petition.

Senior advocate Vinay Navare assisted the court as amicus curiae, and advocate Varun Mishra represented the accused in the case. The apex court's decision has come against the backdrop that courts across the country have been including the sharing of mobile locations as one of the conditions of bail since many use smartphones.

In the previous hearing, the top court noted that the condition of sharing of Google PIN may prima facie offend the privacy rights of the accused, as assured under Article 21 of the Constitution.

In May 2022, the High Court had put two stringent conditions – one, the accused shall drop a PIN on Google Map to ensure that their location is available to the investigation officer of the case. And, the second condition was that the High Commission of Nigeria must place on record an assurance that the accused shall not leave the country and will appear before the trial court as and when required.

In the order pronounced on Friday, the bench said such onerous conditions cannot be put because no embassy will be able to fulfil such conditions and directed these conditions may not be complied with.

"The petitioner is released on interim bail on the conditions imposed by the courts below except dropping a Google PIN and assurance from the High Commission of Nigeria," said the apex court.