NEW DELHI: The Delhi High Court has held that the ‘Right to Privacy’, a fundamental right granted under the Constitution, is not absolute and must yield to legitimate State interests.
Justice Neena Bansal Krishna made the observation while holding that ordering a person to provide voice samples for comparison with intercepted phone calls does not violate their fundamental rights against self-incrimination granted under the Constitution.
The judge made the observation while dismissing a plea filed by controversial businessman Moin Akhtar Qureshi challenging a trial court order that had directed him to provide voice samples to the CBI for comparison with intercepted telephone conversations recorded in 2013–14. Qureshi had claimed that the order violated his right to privacy.
“The direction to provide a voice sample does not violate Article 20(3) of the Constitution as it does not constitute testimonial compulsion… While the Right to Privacy is a fundamental right, it is not absolute and must yield to legitimate State interests, such as the prevention and investigation of crime,” the judge said.
According to the petition, the case related to surveillance conducted by the Income Tax Department between October 2013 and March 2014, followed by searches at Qureshi’s premises in February 2014.
Based on intercepted calls and Blackberry Messenger communications, the Enforcement Directorate (ED) lodged a complaint, leading to the CBI registering an FIR in 2017 under provisions of the Indian Penal Code and the Prevention of Corruption Act. In his plea, Qureshi argued that the intercepted calls were “stale,” and inadmissible due to non-compliance with SC guidelines on telephone interception and the absence of mandatory certification under the Evidence Act.
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