Court rejects plea of Budgam police for installing GPS anklet device on alleged OGW of JeM

STATE TIMES NEWS

JAMMU: Special Judge NIA Court Srinagar Sandeep Gandotra on Thursday rejected the plea of Nowgam police for installing the GPS anklet Device on Fayaz Ahmed Gani who is alleged OGW of JeM. While rejecting the plea, Special Judge NIA Court Srinagar Sandeep Gandotra observed that conditions have already been imposed upon the accused at the time of granting bail to him, this court is of the humble opinion that the present application for installing the global positioning system (GPS) anklet device should not be allowed because the object of bail conditions cannot be to keep a constant vigil on the movement of accused enlarged on bail. The investigation agency cannot be permitted to continuously peep into the private life of accused enlarged on bail, by imposing arbitrary conditions since that will violate the right of privacy of accused as guaranteed under Article 21 of the Constitution. If a constant vigil is kept on every movement of accused released on bail by the use of technology or otherwise, it would infringe the rights of accused guaranteed under Article 21 including the right to privacy. The reason is that the effect of keeping such constant vigil on the accused by imposing drastic bail conditions would amount to keeping the accused in some condition of confinement even after he is released on bail and in the humble opinion of this court such a condition should not be a condition of bail.