Karnataka HC says police can't unnecessarily collect call detail records, it ‘violates right to privacy'
According to Bar and Bench, the judge said that if police are allowed to obtain CDRs that are not part of a lawful investigation, it would lead to a police state.
Justice Suraj Govindaraj made the observation while refusing to quash a criminal case filed against Sub-Inspector of Byatarayanapura Police Station Vidya VM. It was alleged that she had illegally collected the CDRs of a woman.
The Karnataka High Court held that call detail records of an individual are personal and private details and that unnecessarily collecting such details would violate the right to privacy.
"If police are allowed to obtain CDRs that are not part of a lawful investigation, it would lead to a police state," the judge was quoted by Bar and Bench as saying during the hearing.
"The power to obtain the CDR of any individual should only be exercised during a lawful investigation by the investigating officer," the court said before dismissing the police officer's plea.
As per the report, Vidya VM and some other co-accused persons, face a criminal case under Sections 354(D) (stalking), 409 (criminal breach of trust), 506 (criminal intimidation) and 509 (word, gesture, act intended to insult modesty) of the Indian Penal Code, apart from Sections 66(D) (cheating by personation using computer resource) and 66(E) (privacy violation) of the Information Technology Act, 2000.
Vidya VM was reportedly accused of illegally obtaining the call detail records of a woman. The woman claimed that police officials illegally accessed her CDRs and shared them with others against whom she had filed another criminal case. The woman alleged that these CDRs were misused by the co-accused, who were troubling her.
The woman had then filed a private complaint against Vidya and others. In December 2024, a trial court summoned Vidya and others accused in the case. Vidya eventually approached the high court to quash the case against her.
Vidya's counsel, Advocate Satyanarayan Chalke, argued that the police officer had sought the CDRs in the discharge of her official duties.
However, the court declined to grant any relief, observing that unnecessarily acquiring the CDRs of a person would violate the right to privacy, as laid down in the Supreme Court's ruling in the Puttaswamy case.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
United News of India
26 minutes ago
- United News of India
FIR filed after three workers' deaths in BSNL cable work mishap in Nigdi
Pune, Aug 21 (UNI) Days after the tragic case where three labourers lost their lives due to gross criminal negligence during the laying of BSNL fiber optic cables in the Nigdi Pradhikaran area, judicial proceedings have finally been set in motion following the relentless efforts of the Kashtakari Kamgar Panchayat. An FIR has been registered at the Nigdi Police Station under relevant sections of the Indian Penal Code, paving the way for stringent punitive action against those responsible. Dr. Baba Kamble, president of Kashtakari Kamgar Panchayat and a prominent labour leader, consistently pursued the matter, demanding justice for the victims. The incident occurred on August 15, Independence Day, sparking widespread anger among the working-class community across Pimpri-Chinchwad, Pune, and Maharashtra. According to allegations, BSNL officials were directly responsible for negligence and lack of safety measures, which led to the fatal accident. Dr. Kamble and his colleagues demanded immediate filing of a criminal case and continuously followed up with authorities. They also met Police Commissioner Vinay Kumar Choubey and Additional Commissioner Sarang Avhad, pressing for swift legal action. Their efforts paid off, and an FIR has now been lodged. The case has entered the judicial process, with evidence collection, witness statements, and legal investigation set to begin. Speaking after the FIR, Dr. Kamble said, this case will provide some support to the families of the deceased, ensuring not only judicial justice but also opening the way for financial aid. The guilty must be strictly punished. The filing of the case will also reveal how negligence occurred and help secure compensation for the victims' families. He further demanded 30 lakh financial assistance for each affected family and permanent BSNL jobs for one member of each household. Dr. Kamble also stressed that mandatory safety measures must be enforced to prevent such tragedies in the future. He called for contract workers at BSNL to receive benefits such as provident fund, insurance, and facilities equivalent to permanent employees. UNI SP RN
The Hindu
26 minutes ago
- The Hindu
Calcutta HC division bench refuses to interfere with single-judge WBJEE result order
A division bench of the Calcutta High Court in a hearing on Thursday (August 21, 2025) refused to interfere with an earlier single-judge order that directed the State to prepare a new merit list and publish the results of the West Bengal Joint Entrance Examination by August 22, providing 7% reservation to Other Backward Classes (OBC) candidates recognised pre-2010. The Calcutta High Court in May 2024 had struck down all OBC certificates issued in West Bengal since 2010. The matter surrounding revisions in the State government's OBC list is currently pending with the Supreme Court. The declaration of results of WBJEE, an entrance exam for undergraduate engineering, technology, architecture, and pharmacy courses in West Bengal's State-run and State-aided universities, have been inordinately delayed this year since it was conducted on April 27 this year. 'The West Bengal Joint Entrance Examinations Board shall recast the merit list and publish a fresh panel, providing 7% reservation for the 66 classes of O.B.C. candidates as recognised by the West Bengal Backward Classes Department prior to 2010,' a single judge bench of Justice Kausik Chanda had said in its order on August 7. The court had also directed the government to complete the aforementioned exercise and release the revised merit list within a period of 15 days from the date of the order, that is by August 22. The division bench of Justices Sujoy Paul and Smita Das De refused to interfere in the order passed by Justice Chanda on Thursday. Meanwhile, the WBJEE Board issued a circular on August 18 directing candidates to mention their caste/tribe/community names and upload their Scheduled Caste, Schedule Tribes and OBC certificates on the official website. The window to do so closed on Thursday. The delay in WBJEE results led to protests in political circles, with the Leader of Opposition of the West Bengal Assembly Suvendu Adhikari warning on August 18 that Bharatiya Janata Party legislators will hold dharnas outside the Education Department headquarters if the results are not published by this week. 'We want the results to be out as soon as possible. We also believe that authorities have not given this issue enough importance. The only thing of consequence which has happened after prolonged legal battles is the delay in our results, which has caused considerable anxiety in us,' 17-year-old engineering aspirant Shithan Roy told The Hindu. He added that many who are waiting for the results are struggling mentally due to the uncertainty. 'We feel unheard and uncared for,' Mr. Roy said.
Hindustan Times
an hour ago
- Hindustan Times
Day before SIR hearing, EC files compliance report before SC
New Delhi: The Election Commission of India (ECI) has filed a compliance report before the Supreme Court ahead of Friday's hearing on the ongoing revision of Bihar's electoral rolls, which has drawn scrutiny after large-scale deletions. The Supreme Court building in New Delhi. (HT Photo) A person aware of the development told Hindustan Times that the Commission has submitted a 'three-to-four page compliance report which says that all the suggestions made by the Supreme Court on August 14 have been complied with promptly.' The source added that the ECI has also placed on record a status report, giving details of the directions issued to the District Electoral Officers (DEOs) as well as the reports received back from them. 'The Commission had asked all 38 DEOs to furnish the status of compliance with the Court's orders, and these have now been compiled and submitted,' the person said. CEC Gyanesh Kumar, at a press conference on Sunday had said that the Commission has complied with SC's directives in '56 hours.' The Court, on August 14, had recorded the ECI's consent to adopt interim measures designed to improve transparency in the electoral roll revision. These measures require the online publication of the names of nearly sixty-five lakh voters who appeared in the 2025 rolls but are missing from the draft rolls. Each district's website is to host booth-wise data, searchable by EPIC number, along with reasons for exclusion. The Bench had set a deadline of August 19 for completing the exercise. To ensure that the exercise is not limited to digital publication, the Bench also directed wide publicity. 'The lists must be publicised in vernacular newspapers with wide circulation and broadcast on television and radio,' the Court noted, adding that district-level officials should also use their social media platforms to alert voters. Further, the booth-level officers were instructed to display the excluded-voter lists at Block Development Offices or Panchayat offices, so that citizens in rural areas could physically inspect them. The Bench also required that the notices should expressly inform citizens that they may file claims for inclusion in the rolls, accompanied by a copy of their Aadhaar card. A consolidated state-level list is also to be made available on the website of the Chief Electoral Officer of Bihar. 'The idea is to ensure that no eligible voter is left without recourse,' the Bench had observed while fixing the matter for monitoring on August 22. Friday's hearing, advanced to 12 pm from the initially scheduled 2 pm, is expected to be brief as Justice Bagchi, who leads the Bench, has to preside over a special bench at 3 pm. 'The court might give further directions after taking a note of the report,' the person cited earlier said.
