Supreme Court Debate on Privacy and Surveillance
On December 19, 2025, the Supreme Court addressed the issue of surveillance, emphasizing that those with nothing to hide should not fear it. This discussion arose during a case involving alleged illegal phone tapping in Telangana.
Right to Privacy
- The State of Telangana emphasized that the right to privacy is a fundamental right under the Constitution, referencing a nine-judge Bench judgment.
- Solicitor General Tushar Mehta stressed that privacy protects individuals from illegal state surveillance.
- The Puttaswamy case was cited, which upheld privacy as integral to human dignity and liberty.
Arguments Presented
- Justice B.V. Nagarathna argued that in an "open world," individuals with clear consciences need not fear surveillance.
- Solicitor General Mehta countered by stating that illegal surveillance is not permissible, emphasizing personal rights to privacy in personal communications.
- Mehta also highlighted the alleged misuse of resources by the former SIB chief, T. Prabhakar Rao, who is accused of unauthorized profiling and monitoring for political gain.
Case Developments
- The Supreme Court extended Mr. Rao’s police custody until December 25, 2025, while directing his release thereafter due to the pending case.
- Mr. Rao, having surrendered on December 12, challenged an order dismissing his plea for anticipatory bail.
Conclusion
The court's debate highlighted the tension between security measures and the right to privacy, underscoring the illegality of unauthorized surveillance and its potential misuse for political purposes.