'Mass-Scale Invasion Of Citizens' Privacy': Legal Notice Sent To Hyderabad Police Commissioner Over 'Illegal' Search Of Mobile Phones, Chats For 'Drugs'

A legal notice has been sent to Commissioner of Hyderabad Police Anjani Kumar seeking immediate cessation of illegal search of mobile phones that are reportedly being carried out by police officers across the State. The notice also sought the initiation of disciplinary proceedings against the concerned officers as per the provisions of the Hyderabad Police Act.

The notice has been sent by one Srinivas Kodali, an independent privacy researcher based in Hyderabad with the assistance of the Internet Freedom Foundation. The notice has further sought disclosure about whether any prior warrants or departmental instructions had been obtained by the concerned police officers before searching and accessing mobile phones of citizens. 

Reliance has been placed on various new reports which published that police officers on October 27, 2021 were seen stopping random passers-by and checking their mobile phones and private conversations for any mention of drugs. In cases where messages with keywords such as "ganja", "weed" and "stuff" were found, the persons were reportedly being sent to police stations.

"The present legal notice calls upon your good office to take immediate cognizance of patently illegal actions being committed by officers of the police force on and about October 27, 2021 in and around Mangalhat, Dhoolpet, Bhoigudakaman and Jumeraa6 Bazaar. The impugned actions include stopping pedestrians, motorcycle and auto rickshaw drivers and riders and bystanders without any reasonable suspicion of having committed/being involved in the commission of an offence. Subsequent actions include demands for access to mobile phone devices carried on their person and thereafter proceeding to search the contents of such mobile devices including searching private messaging applications", the notice highlighted. 

The legal notice further averred that police officials have not been conferred with any powers under the Code of Criminal Procedure (CrPC) to stop ordinary citizens and request them to unlock their mobile phone devices and search the contents of their messages. In this regard, reliance was placed on the Karnataka High Court judgment in Virendra Khanna v. The State of Karnataka. This suggests that the police officers are engaging in a 'roving and fishing inquiry' with no legal basis, it was stated further. 

"It is clear that the questioned activity is not backed by judicial warrants, nor is it part of any ongoing investigation requiring such mass-scale invasion of citizens' privacy", the notice stated further. 

Pertinently, the notice also pointed out that the areas where such brazen searches were carried out targeted only lower income, vulnerable and marginalised groups. It was stated that the concerned police officers seem to have knowingly selected areas where residents would not be in a position to 'decline the requests' which carry an implied threat of further coercive action to carry out such wanton invasions of privacy.

"It is apparent that the police officers are acting on fear and abusing their wide powers and coercive presence to treat all and any persons as suspects without any reasonable basis … There cannot be a more fundamental right to life and personal liberty that your good office has a sworn oath to protect", the notice stated further.

.Failing any positive action on the Commissioner's part, the notice has cautioned that other legal remedies may be invoked including, but not limited to, approaching appropriate judicial fora. 

Click Here To Read/Download Legal Notice