SC to decide on sharing of Google location PIN for granting bail

New Delhi: The Supreme Court on Monday reserved its order on a plea by a Nigerian national challenging the Delhi High Court order which has imposed a condition for granting bail that accused will share his Google location PIN to enable access to his live location to the investigation officer.
The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, heard the matter involving the question as to whether sharing of Google PIN with the investigating officer as part of bail conditions violates a person’s right to privacy.
The Nigerian national, Frank Vitus, was accused in a drug case. As a condition for bail, the Delhi High Court in 2022 ordered the accused and a co-accused to place a PIN on Google Maps to ensure that their whereabouts were visible to the case’s investigation officer.
Earlier, the apex court had also sought an explanation from Google India (without adding it as a party) seeking information on the working of Google PIN.
The query was posed by the top court in the context of conditions put in certain bail orders that the accused must share the live mobile location with the investigating officer throughout bail.
Further, the High Court had also directed the accused to obtain a certificate from the Nigerian High Commission that they would not leave India and would appear before the trial court.
After relieving Google India from explaining the workings of Google PIN, the apex court asked Google LLC to explain the workings of Google PIN.
Today, when Google LLC filed an affidavit in the court explaining its working, the bench remarked that the affidavit filed by Google LLC was superfluous.
The court clarified that – this as a bail condition is hit by Article 21, and Google affidavit is superfluous, Justice Oka said.
Additional Solicitor General Vikramjeet Banerjee, who appeared for the Narcotics Control Bureau (NCB), informed the court that such condition is used to share the live location of the accused.
Justice Oka said, “It cannot be a bail condition. We agree that there are two instances where this court has done it, but it cannot be a condition for bail.”
The court examined two issues, firstly, whether a condition that accused must share the Google PIN location with the investigating officer be imposed and secondly, whether bail to a foreign accused can be conditioned on obtaining an assurance from the concerned Embassy that they will not leave India.
The court then reserved its order on both of the aforesaid issues. The rest of the issues were kept open to be decided next on July 26.
The court also clarified that the notice issued to Google LLC was for the limited purpose of getting to know the working of the Google PIN and it is not impleaded as a party in this case.
UNI