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SABYASACHI BHATTACHARYYA, UDAY KUMAR
Shuvendra Mullick – Appellant
Versus
Indranil Mullick – Respondent
| Table of Content |
|---|
| 1. installation of cctv cameras (Para 1) |
| 2. trust deed and modifications (Para 2 , 3) |
| 3. installation of cameras (Para 4 , 5) |
| 4. appellant's complaints (Para 6 , 7 , 8) |
| 5. legal action taken (Para 9 , 10) |
| 6. privacy violation claims (Para 11 , 12) |
| 7. counsel's submissions (Para 13) |
| 8. respondents' defense (Para 14 , 15 , 16) |
| 9. inspection report (Para 17 , 18 , 19) |
| 10. right to privacy ruling (Para 20 , 21 , 22 , 25 , 26) |
| 11. order and injunction (Para 23 , 24) |
JUDGMENT :
UDAY KUMAR, J.
1. The prayer of appellant/plaintiff for discontinuation of the operation of the CCTV cameras installed inside the dwelling house with immediate effect made under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure, 1908, in Title Suit No. 530 of 2024, was rejected by the Learned Judge, VIIIth Bench, City Civil Court on 4th April, 2024. This order is impugned in this appeal.
2. Late Gora Chand Mallick, the father of appellant/plaintiff and respondent/defendants had settled at the Mullick Bhaban, his double storied dwelling house, at 9/1/1A, Khelat Ghosh Lane, under Jorabagan Police Station, in a private trust for the enjoyment of his sons, by executing a trust deed, which was
Installation of CCTV cameras in residential property without consent violates the right to privacy, recognized as a fundamental right under Article 21 of the Indian Constitution.
The right to privacy must be balanced against the right to security, especially in the context of neighborly relationships and criminal threat scenarios.
CCTV installation allowed in own premises if not infringing privacy of co-occupants.
Privacy rights are paramount, requiring prompt governmental response to complaints affecting personal privacy.
The court emphasized the importance of addressing privacy disputes through ongoing civil litigation rather than summarily adjudicating them in writ petitions.
Privacy concerns must be balanced with the necessity of relevant evidence in matrimonial disputes, particularly in cases of alleged adultery.
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