Party shouting hoarse did nothing to curb abuse of probe agencies: retired SC Judge

He was speaking at a function organised by NGO Common Cause and Centre for the Study of Developing Societies (CSDS) to release the report ‘Status of Policing in India Report 2023: Surveillance and the Question of Privacy’.

On surveillance and abuse of probe agencies, especially the CBI, Justice Chelameswar said this menace is irrespective of political parties in power and the party, which is shouting hoarse now. “When I talk about governments, I do not talk about any political party. Whichever political party is in the government, there is a change in the hardware, the software is the same. Everybody follows the same practices,” he said.

Justice Chelameswar said the State has reasons to collect data and keep surveillance on certain classes of individuals or groups depending upon the situations, but there should be an amount of transparency in the process. “The question is when the state is collecting the data for whatever reasons, is there an amount of transparency in the process…whether it is meant for the welfare of the people…,” he said.

Referring to the infamous spat during the previous UPA regime, involving two cabinet ministers over allegations of bugging of an office, he said one of the ministers is no more and added that surveillance is unacceptable unless established that it is absolutely in the larger public interest. “The establishment of such a fact that this activity is required in the larger public interest depends on the existence of verifiable data, recorded material by persons who are resorting to this kind of surveillance. The requirement is to create such a legal regime,” he said.