CJI Calls for “Delicate Balance” between Search Powers of Central Agencies and Right to Privacy
NEW DELHI, Apr 1: The Chief Justice of India (CJI) DY Chandrachud on Monday called for a ‘delicate balance’ between the search and seizure powers vested with probe agencies like the Central Bureau of Investigation (CBI) and an individual’s right to privacy.
“In the realm of criminal justice, the delicate balance between search and seizure powers and individual privacy rights stands and this is at the cornerstone of a fair and just society,” the CJI said while delivering the keynote address at the 20th D P Kohli memorial lecture in the national capital.
The CJI said at the ‘heart of this balance’ lie the need to uphold due process. The CJI also flagged what he called ‘unwarranted confiscation of personal devices’, saying there was a pressing need to strike a balance between investigative imperatives and individual privacy rights.
Asking the probe agencies to “pick their battles” instead of spreading out too thinly in various cases, the CJI said they should “concentrate on crimes that threaten security and economic health of the country and public order.” “The landscape of crime is evolving at an “unprecedented pace” and probe agencies like the Central Bureau of Investigation (CBI) must build their capacities to tackle them apart from harnessing Artificial Intelligence (AI) tools,” he added.
While commenting that the world has become increasingly interconnected through the expansion of digitial technologies right from cybercrime and digital fraud to emerging technologies, the Chief Justice of India said the law enforcement agencies like the CBI were faced with new and complex challenges that demand innovative solutions. The investigating agencies have to keep up with the radical change in crime, he added.
(Manas Dasgupta)
