Fundamental Right to Privacy not Absolute: SC

The Supreme Court recently remarked that the  fundamental right to privacy cannot be interpreted as absolute and that it must bow down to the compelling interest of public.

The three judge bench which consisted of Chief Justice Ranjan Gogoi, Justice Deepak Gupta and Justice Sanjiv Khanna held that a Judicial Magistrate can order a person to give a sample of his voice for the purpose of investigation of a crime.

The bench referred to the judgement given in the case of Ritesh Sinha vs. State of U.P while trying to answer the question whether the order compelling a person to provide his voice sample is in violation to right to self-incrimination given in Article 20(3) of the constitution and violates his fundamental right to privacy.

The bench answered in negative and held the handing of voice samples does not amount to violation of privacy of an individual if the purpose is investigation of a crime.

The three judge bench further noticed that the power to compel a person to submit his voice sample is given to a magistrate by a process of judicial interpretation and in exercise of jurisdiction vested in the Supreme Court by virtue of Article 142