CJI Calls for 'Delicate Balance' between Investigative Imperatives and Individual Privacy Rights

Delivering the 20th D P Kohli memorial lecture in Delhi, CJI Chandrachud on Monday said due process needs to be upheld in the process of ensuring a delicate balance between the powers of probe agencies and individuals' privacy rights. Issues like unwanted seizure of personal devices illustrate such a need, he said, adding that the right to privacy is the cornerstone of a fair and just society.

New Delhi:Chief Justice of India (CJI) D Y Chandrachud on Monday called for India's premier investigating agencies to strike a balance between investigative necessities and personal privacy rights. Delivering the 20th D P Kohli memorial lecture at Bharat Mandapam here on Sunday, CJI Chandrachud stressed the need for probe agencies to quickly dispose of the cases that affect the economy of the country. The CJI took part in the CBI Raising Day program today.

The CJI, in his keynote speech on the topic Adopting Technology to Advance Criminal Justice, also underscored the importance of leveraging technology, saying that online summons may be given to cut delays and ensure speedy disposal of cases. There should be coordination between various agencies and departments, which should work together to formulate strategies to quickly dispose of the cases.

He said there is a need to have a "delicate balance" between the investigative agencies' search and seizure powers and the right to privacy of individuals as it is the cornerstone of a fair and just society. Due process needs to be upheld in the course of ensuring the balance between the powers of probe agencies and individuals' privacy rights, he said.

The Chief Justice said that the premier investigative agencies of the country have spread too thin and they must only focus on cases that involve national security and crimes of economic offences against the nation.

“The CBI is being increasingly asked to delve into a diverse array of criminal cases beyond its role as an anti-corruption investigative agency. This places a huge responsibility on the CBI to live up to its motto of ‘Industry, Impartiality, and Integrity”, said the CBI.

Unwanted seizures of personal devices illustrate the need to balance investigative imperatives and privacy rights, he said.

Referring to the pandemic time, CJI Chandrachud recalled how the courts adopted virtual delivery of justice and the required technologies including artificial intelligence (AI) should have to be understood properly in order to ensure good results.

The D P Kohli memorial lecture was held in the memory of the first director of the CBI, which is the premier federal probe agency in the country. Lauding Kohli, who was the first CBI Director, the CJI said he was handpicked to curb corruption among public officials and was known for his professionalism and determination. (with PTI inputs)

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