Procuring Call Data Records And Location Of Police Officials Can Encroach Upon Their Safety And Privacy: Delhi High Court

The Delhi High Court has observed that procuring call detail records, including the tower-wise location of the police officials can prejudice their safety and privacy.

“The concerned police officers may be involved in dealing with cases of different nature, including sensitive or heinous cases or cases of national security, and orders, such as those impugned before this Court, can directly encroach upon the privacy of the police officials,” Justice Swarana Kanta Sharma said.

The court made the observations while quashing various orders passed by the trial court directing the investigating officers to procure call data records and tower-wise locations of all the members of the raiding party in a NDPS case.

“In this Court’s opinion, procuring call detail records of the mobile phones of police officials including their tower- wise location can prejudice both their safety and privacy,” the court said.

Furthermore, Justice Sharma said that the impugned orders had the capacity to put at risk and expose the identities of the “secret informers” in the case and that the same were not reasoned orders.

The court also observed that the impugned orders “opened up windows” for “possibility of risking confidential information” which may be brought on record through call detail records of the investigating officers and other police officials.

“Considering the overall facts and circumstances of the case, this Court is of the view that there is no requirement to procure call detail records of investigating officers, members of raiding team/other concerned police officials, etc., as directed in the impugned orders,” the court said while disposing of the plea.

Case Title: STATE v. HARIPAL and other connected matters

Citation: 2023 LiveLaw (Del) 726

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