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Examine Feasibility Of Enacting A Law For Regulating Activities Of 'Private Detectives': Delhi High Court To Centre

Akshita Saxena
22 March 2022 6:19 AM GMT
Examine Feasibility Of Enacting A Law For Regulating Activities Of Private Detectives: Delhi High Court To Centre
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The Delhi High Court today disposed of a PIL seeking regulation of activities of private detectives and their agencies. While refusing to issue guidelines in the subject matter, the Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed, "It is not for the court to direct framing of law. No mandamus in this regard can be issued."It however directed the...

The Delhi High Court today disposed of a PIL seeking regulation of activities of private detectives and their agencies.

While refusing to issue guidelines in the subject matter, the Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed, "It is not for the court to direct framing of law. No mandamus in this regard can be issued."

It however directed the Central Government to consider the plea as a representation and examine the aspect whether it is considered feasible to frame a law for regulation of activity of private detection.

Filed through Advocate Preeti Singh, the plea highlighted that the work of the private detectives, investigators, and their agencies remains outside the purview of any existing statutory framework.

It was argued that since there is no legal governance of the activities of private detectives and their agencies, several victims are being abused, cheated. Moreover, no statutory law can be invoked to make the private detectives liable.

It was further argued that the work of a private detective, when done without accountability, poses a threat to the citizen's fundamental rights as guaranteed under Article 21 of the Constitution of India.

The petitioner herself claimed to be a victim of unregularized activities of a private detective engaged by her husband, thereby violating her privacy and defaming her in public.

During the hearing, the government counsel appearing on advance notice informed the Court that the government had introduced a Private Detective Agencies (Regulation) Bill of 2007 in the Parliament. However, the same was withdrawn on March 23, 2020.

Thus opining that the reliefs sought in the plea fall within the purview of legislature, the writ was disposed of.

Case Title: Radha Bisht v. Union of India & Ors.

Citation: 2022 LiveLaw (Del) 221

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