I am surprised that the present government is contesting “Right to Privacy” in the SC that too on a frivolous reading of the two judgments: M. P. Sharma and Others vs Satish Chandra, District Magistrate, Delhi, 1954 AIR 300 and Kharak Singh vs the State of U. P., 1963 AIR 1295 . In the first judgment, the SC only made an obiter observation contrasting Fourth Amendment of American Constitution with the Indian Constitution; there was never any challenge wrt “Right to Privacy” u/a 21 in the case. The second judgment has been rightly intrepreted in People’S Union Of Civil Liberties vs Union of India, AIR 1997 SC 568 , to be holding that the Constitution has provided for “Right to Privacy” as a fundamental right, which intrepretation has never been challenged thereafter. But, now the present government is challenging it to aver that the second judgment holds that there is no fundamental “Right to Privacy” in India. Incredible!
After seeing that the SC had faltered in Zakia Jafrey case and now has faltered in Yakub Memon case, I am apprehensive the SC may not falter yet again because our courts are too dependant upon the assistance of the advocates. Best would be removal of this government asap, but till the time that happens, liberals need to fight it out because the mere thought of no fundamental “Right to Privacy” is scary.