Activities of Private Detectives Remain Unregulated, Violates Article 21: PIL Filed In Delhi High Court

A PIL has been filed in the Delhi High Court seeking the regulation of activities of private detectives and their agencies. The petition highlights that the work of the private detectives, investigators, and their agencies remains outside the purview of any existing statutory framework.

The matter was listed today before the Division Bench of Chief Justice D.N. Patel and Justice Jyoti Singh.

Filed through Advocate Preeti Singh, the petition states that the Private Detective Agencies (Regulation) Bill of 2007 has been pending in the Parliament for the last 13 years and subsequently expired. Given the same, there is no legal governance of the activities of private detectives and their agencies. Due to such absence of law, several victims are being abused; privacy infringed, people being cheated, etc. Moreover, no statutory law can be invoked to make the private detectives liable.

It is further argued that the work of a private detective, when done without accountability, poses a threat to the citizen's fundamental rights as guaranteed under Article 21 of the Constitution of India.

The petitioner claims to be a victim of domestic violence, having a strained relationship with her husband, whoa allegedly appointed a private detective for following the petitioner and sending goons to follow her. It is her case that the unregularised activities of the private detective are violating her privacy and defaming her in public.

The petition seeks the intervention of the Court to frame guidelines to regulate this business by the exercise of its constitutional powers. It also seeks the constitution of a State Board, carrying out the functions as mentioned in the 2007 Bill.

In a similar matter, last year, the Delhi High Court sought the Centre's response on a plea seeking guidelines to regulate the work of private detectives till the codified Act comes into existence.

The matter is slated to be heard on February 21, 2022.

Case Title: Radha Bisht v. Union of India & Ors.

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