Subjecting Citizen To Police Scrutiny, Verification Of Personal Docs Without Any Reason Serious Invasion Of Right To Privacy: Delhi High Court
2 years, 7 months ago

Subjecting Citizen To Police Scrutiny, Verification Of Personal Docs Without Any Reason Serious Invasion Of Right To Privacy: Delhi High Court

Live Law  

The Delhi High Court has observed that subjecting a citizen to police scrutiny including verification of personal documents for no good reason would entail a serious invasion of his right to privacy. Justice Asha Menon made the observation while dealing with a plea filed by a complainant seeking directions on the Delhi Police to make enquiry for correct identification of private person,. Justice Asha Menon made the observation while dealing with a plea filed by a complainant seeking directions on the Delhi Police to make enquiry for correct identification of private person, after both the parties indulged in a quarrel. Finding no merit in the petition, the Court ordered thus: "Subjecting a citizen to police scrutiny including verification of his personal documents for no good reason, except on the whimsical demand of the petitioner would entail a serious invasion of the respondent's right to privacy."

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History of this topic

Passport, Personal ID Details Can't Be Disclosed To Third Party Under RTI Act: Delhi High Court
1 month ago

Passport, Personal ID Details Can't Be Disclosed To Third Party Under RTI Act: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that details about passport and personal identification documents cannot be disclosed to a third party under the Right to Information Act, 2005. Justice Sachin Datta referred to various judgments on the issue and said:“…disclosures which may be sought by a third party under the provisions of RTI act pertaining to passport or any …

Can Husband’s Right To Privacy Prevail Over Wife’s Right To Seek Evidence For Proving Her Allegations Of Adultery? Delhi High Court Answers
1 year, 10 months ago

Can Husband’s Right To Privacy Prevail Over Wife’s Right To Seek Evidence For Proving Her Allegations Of Adultery? Delhi High Court Answers

Live Law  

Can the husband's right to privacy be permitted to prevail over his wife's right to seek redressal under the provisions of the Hindu Marriage Act?The Delhi High Court today ruled that since Hindu Marriage Act specifically recognises adultery as a ground for divorce, it would not at all be in public interest that the court should on the ground of …

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify
1 year, 11 months ago

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify

Live Law  

The Delhi High Court has directed its Registrar to clarify the scope of scrutiny required to be made by the scrutiny officer while clearing a petition for listing.Justice Anup Jairam Bhambhani also asked the Registrar whether there are any general directions or judicial orders requiring the scrutiny officer to form a “prima- facie opinion” as to whether a prayer is. …

NGOs flag ‘generalised surveillance’ of citizens in Delhi High Court
2 years, 2 months ago

NGOs flag ‘generalised surveillance’ of citizens in Delhi High Court

The Hindu  

The Center for Public Interest Litigation and the Software Freedom Law Centre on Thursday flagged what they said was “generalised surveillance” of Indian citizens by the Government, in an ongoing case before the Delhi High Court. Advocate Prashant Bhushan argued on behalf of the non-profits that in a “press release,” the Internet Service Providers Association of India said that the …

Right To Privacy Is A Right In Personam, Not Inheritable By Mothers Or Legal Heirs Of Deceased: Delhi High Court
2 years, 5 months ago

Right To Privacy Is A Right In Personam, Not Inheritable By Mothers Or Legal Heirs Of Deceased: Delhi High Court

Live Law  

The Delhi High Court has ruled that the right to privacy is essentially a right in personam and therefore is not inheritable by the mothers or legal heirs of the deceased persons.Justice Neena Bansal Krishna made the observation while refusing to grant interim relief in a suit filed against Bollywood Filmmaker Hansal Mehta and others for restraining the release of …

Matters Regarding Personal Liberty To Be Dealt Cautiously, Balance To Be Struck Between Respect For Fundamental Rights & Fair Investigation: Delhi HC
2 years, 9 months ago

Matters Regarding Personal Liberty To Be Dealt Cautiously, Balance To Be Struck Between Respect For Fundamental Rights & Fair Investigation: Delhi HC

Live Law  

The Delhi High Court has observed that matters regarding liberty of a person have to be dealt with cautiously and that a balance has to be struck between respect for his fundamental rights and free and fair investigation as well.Justice Swarna Kanta Sharma made the observation while granting bail to a man in an FIR registered under sec. The Delhi …

Delhi High Court Issues Notice On Advocate's Plea Alleging His Mobile Phone, Internet Devices Put On Surveillance By In-Laws
3 years, 5 months ago

Delhi High Court Issues Notice On Advocate's Plea Alleging His Mobile Phone, Internet Devices Put On Surveillance By In-Laws

Live Law  

The Delhi High Court has issued notice on a plea filed by an Advocate alleging that his mobile phone and internet devices were put under surveillance at the instance of his in-laws which were being intercepted without valid permission of the Government.Justice Yogesh Khanna sought response of the Centre, Commissioner of Police and MTNL returnable of December 16, 2021.The plea …

Personal Information Having No Relation To Any Public Activity, Public Interest Cannot Be Disclosed Under RTI Act: Delhi High Court
3 years, 7 months ago

Personal Information Having No Relation To Any Public Activity, Public Interest Cannot Be Disclosed Under RTI Act: Delhi High Court

Live Law  

The Delhi High Court on Monday observed that any personal information having no relation with any public activity or public interest cannot be disclosed under the Right to Information Act. The Court also said that disclosure of such information can cause an unwarranted invasion into one's privacy.The observation came from a division bench comprising of Chief Justice DN Patel and …

Delhi High Court Directs Delhi Police For Report On Alleged Illegal Detaining And Beating Of Man In Matrimonial Dispute Matter
3 years, 11 months ago

Delhi High Court Directs Delhi Police For Report On Alleged Illegal Detaining And Beating Of Man In Matrimonial Dispute Matter

Live Law  

A Single Judge Bench of Justice Anu Malhotra of the Delhi High Court has issued notice on a petition alleging illegal detaining and beating of a man involved in a matrimonial dispute by the Delhi Police and directed the police to to file a status report on the incident.The alleged incident took place at the Turkman Gate Police Post at …

Delhi High Court Grants Centre Further 4 Weeks' To Respond To Plea Against WhatsApp's Privacy Policy
4 years ago

Delhi High Court Grants Centre Further 4 Weeks' To Respond To Plea Against WhatsApp's Privacy Policy

Live Law  

Refusing to issue notice on Advocate Chaitanya Rohilla's petition against WhatsApp's new privacy policy, a single judge bench of Justice Sanjeev Sachdeva of the Delhi High Court today gave the Central Government 4 weeks' time to respond to the petition and adjourned the case to Apr 19. The counsel for the petitioner, Adv Manohar Lal pointed out that the Delhi …

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’
4 years, 1 month ago

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’

Hindustan Times  

The Delhi high court has modified its earlier order to state that disclosure of applicant’s interest in the information sought under the Right to Information Act is “necessary” only when personal information is sought. On Friday, justice Prathiba Singh modified her earlier order of Jan 12 where it had said that the reason for disclosure of applicant’s interest is “necessary” …

Disclosure Of Interest In Information Being Sought Under RTI Act Necessary To Establish Applicant's Bonafide: Delhi High Court
4 years, 2 months ago

Disclosure Of Interest In Information Being Sought Under RTI Act Necessary To Establish Applicant's Bonafide: Delhi High Court

Live Law  

The Delhi High Court on Tuesday observed that whenever information is sought under the 'Right To Information Act, 2005', the disclosure of applicant's interest in the information being sought would be necessary to establish his/her bonafides. The Bench of Justice Prathiba M. Singh specifically observed, "This Court is of the opinion that whenever information is sought under the RTI Act, …

Plea Seeking E-Registration Of Documents and Digitisation of Sub-Registrar's Office, Delhi HC Gives Liberty To Make Representation Before Concerned Authority
4 years, 7 months ago

Plea Seeking E-Registration Of Documents and Digitisation of Sub-Registrar's Office, Delhi HC Gives Liberty To Make Representation Before Concerned Authority

Live Law  

Delhi High Court has given the liberty to make a representation before an appropriate authority in a plea seeking establishment of a system for e-registration of all documents in order to dispense with the physical presence of all the parties. Moved by Mr DC Tuteja, the petition seeks a direction to be issued to the Respondents to formulate policy and …

Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]
4 years, 8 months ago

Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]

Live Law  

In a significant judgment pertaining to rules for collection and admissibility of evidence, the Delhi High Court has held that evidence collected in breach of the fundamental right to privacy alone, would not make it inadmissible in court of law. The single bench has held that while a litigating party certainly has a right to privacy, that right "must yield" …

Delhi HC Issues Notice In Plea Challenging Magistrate's Power To Order Compulsory Collection Of Voice Samples
5 years, 5 months ago

Delhi HC Issues Notice In Plea Challenging Magistrate's Power To Order Compulsory Collection Of Voice Samples

Live Law  

The Delhi High Court has issued a notice to the Delhi Government in a PIL that challenges the validity of taking voice samples by the police under section 53 of CrPC as being violative of Right to Privacy. The writ petition was filed by a Delhi-resident challenging an order passed by the Metropolitan Magistrate at Karkardooma which had allowed the …

Fundamental Right To Privacy Not Absolute And Must Bow Down To Compelling Public Interest: SC [Read Judgment]
5 years, 7 months ago

Fundamental Right To Privacy Not Absolute And Must Bow Down To Compelling Public Interest: SC [Read Judgment]

Live Law  

The fundamental right to privacy cannot be construed as absolute and but must bow down to compelling public interest, remarked the Supreme Court in its judgment holding that a Judicial Magistrate can order a person to give a sample of his voice for the purpose of investigation of a crime.The three judge bench comprising the Chief Justice of India Ranjan …

Calcutta HC Questions Non Verification Of Declarations Made During Aadhaar Enrollment [Read Judgment]
6 years, 2 months ago

Calcutta HC Questions Non Verification Of Declarations Made During Aadhaar Enrollment [Read Judgment]

Live Law  

The Calcutta High Court has observed that is arbitrary to allow one sort of information establishing the identity of an individual to pass without verification during the Aadhaar enrollment process.A landlord had approached the high court alleging that an employee of his deceased tenant took advantage of the death of the tenant and alleged falsely that he was the son …

No Intervention With The Right Of Privacy Of An Indian Citizen Can Be Permitted So Mechanically: Allahabad HC [Read Judgment]
7 years, 1 month ago

No Intervention With The Right Of Privacy Of An Indian Citizen Can Be Permitted So Mechanically: Allahabad HC [Read Judgment]

Live Law  

Since 2011, there is not material against the petitioner to keep him under surveillance, the bench observed.No intervention with the right of privacy of an Indian citizen can be permitted so mechanically, Allahabad High Court has observed while ordering the police to discontinue surveillance of a man, who was kept under surveillance since 2011.Bablu Shah, since 2011, was kept under. …

No Intervention With The Right Of Privacy Of An Indian Citizen Can Be Permitted So Mechanically: Allahabad HC [Read Judgment]
7 years, 1 month ago

No Intervention With The Right Of Privacy Of An Indian Citizen Can Be Permitted So Mechanically: Allahabad HC [Read Judgment]

Live Law  

Since 2011, there is not material against the petitioner to keep him under surveillance, the bench observed.No intervention with the right of privacy of an Indian citizen can be permitted so mechanically, Allahabad High Court has observed while ordering the police to discontinue surveillance of a man, who was kept under surveillance since 2011.Bablu Shah, since 2011, was kept under. …

Right to privacy paves way for new data protection framework
7 years, 6 months ago

Right to privacy paves way for new data protection framework

Live Mint  

New Delhi: With the Supreme Court on Thursday upholding the right to privacy as a fundamental right, doors have been opened to an era of a holistic data protection framework. Prasad said the right to privacy is part of a citizen’s right to liberty, subject to certain restrictions, and added that the Congress party had failed to protect “individual liberties" …

India’s top court rules privacy is a fundamental right
7 years, 6 months ago

India’s top court rules privacy is a fundamental right

Al Jazeera  

Landmark verdict could have far reaching consequences for government’s biometric identification programme. India‘s Supreme Court has ruled that citizens have a constitutional right to privacy, a landmark verdict that could derail a controversial biometric identification programme that the government is pushing on its people. A nine-judge bench ruled unanimously on Thursday that the right to privacy was “protected as an …

The privacy challenge and the power of legal dissent
7 years, 7 months ago

The privacy challenge and the power of legal dissent

Live Mint  

New Delhi: The challenge over Aadhaar may have been the trigger for the ongoing legal battle over privacy, but it is the dissenting opinion of two Supreme Court judges in a landmark ruling on the right to privacy delivered more than half a century ago that has provided substance to the privacy warriors. In 1962, justices K. Subba Rao and …

Supreme Court hearing on right to privacy begins today
7 years, 8 months ago

Supreme Court hearing on right to privacy begins today

Deccan Chronicle  

New Delhi: A nine-judge Constitution Bench of the Supreme Court will begin hearing arguments on Wednesday whether there is a fundamental “right to privacy” under the Constitution, which is affected by the furnishing of personal and biometric information for the Aadhaar number. Venugopal, however, brought to the notice of the top court that an eight-judge bench in 1954 and a …

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]
8 years, 10 months ago

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]

Live Law  

Mother’s name is sufficient in certain cases like the present one to apply for Passport, especially as a single woman can be a natural guardian and also a parent, held the Court.Delhi High Court has held that for issuing passport, there is no legal requirement for insisting upon the father's name of the Applicant. Justice Manmohan has allowed the Writ …

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]
8 years, 10 months ago

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]

Live Law  

Mother’s name is sufficient in certain cases like the present one to apply for Passport, especially as a single woman can be a natural guardian and also a parent, held the Court.Delhi High Court has held that for issuing passport, there is no legal requirement for insisting upon the father's name of the Applicant. Justice Manmohan has allowed the Writ …

Police cannot encroach upon the liberty of any citizen: Court
10 years, 4 months ago

Police cannot encroach upon the liberty of any citizen: Court

India TV News  

New Delhi: A Delhi court has asked a man to lead pre-summoning evidence in support of his allegation against six Delhi Police officials for beating him in custody while dismissing his plea for registration of FIR. Additional Sessions Judge Manoj Jain said, “I rather strongly feel that there is every likelihood that if registration of FIR is ordered, it might …

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