Need to strike balance, uphold due process: CJI on probe agencies

Tribune News Service

Satya Prakash

New Delhi, April 1

Amid criticism of central probe agencies for their alleged misuse against Opposition leaders, Chief Justice of India DY Chandrachud on Monday emphasised the need to strike a “delicate balance” between the search and seizure powers vested with them and an individual’s right to privacy.

Must respect rights

The delicate balance between search and seizure powers and individual privacy rights stands at the cornerstone of a fair and just society. DY Chandrachud, CJI

“In the realm of criminal justice, the delicate balance between search and seizure powers and individual privacy rights stands at the cornerstone of a fair and just society. At the heart of this balance lies the need to uphold due process while ensuring the effective functioning of law enforcement agencies,” CJI Chandrachud said. “Instances of raids conducted and incidents of unwarranted confiscation of personal devices highlight the pressing need to strike a balance between investigative imperatives and individual privacy rights,” the CJI said, delivering the 20th DP Kohli Memorial Lecture on “Adopting Technology to Advance Criminal Justice” here in the memory of the CBI’s first Director.

Noting that the landscape of crime was evolving at an “unprecedented pace”, he said probe agencies such as the CBI must build their capacities to tackle them apart from harnessing AI tools. “AI stands out as a game-changer in revolutionising criminal investigations. By leveraging AI algorithms, law enforcement agencies like the CBI can analyse vast amounts of data rapidly, identifying trends, anomalies and potential leads with accuracy,” the CJI said.

He said as the world became increasingly interconnected through the expansion of digital technologies—from cybercrime and digital fraud to the exploitation of emerging technologies for illicit purposes—law enforcement agencies like the CBI were faced with new and complex challenges that demanded innovative solutions.

“The investigating agencies have to keep up with the radical change in crime in a digitally connected world to solve complex crime patterns,” he said.

Citing the example of the CBI’s preliminary enquiry in 2018 into a case surrounding illegally harvested databases and unauthorised acquisition of data, he said, “These challenges have become more complex.”

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