33
exchanging unorthodox, controversial or provocative
ideas. Regardless of whether or not a citizen knows
that her email is being read by the government, the
perceived danger, founded on reasonable suspicion
that this may happen, itself impacts the citizen’s
ability to express, receive and discuss such ideas.
This was explained by Justice Subba Rao in his
dissenting opinion in Kharak Singh v State of UP
(supra)
subsequently
upheld
as
correct
in
Puttaswamy (Privacy), as follows.
“In an uncivilized society where there are no
inhibitions, only physical restraints may detract
from
personal
liberty,
but
as
civilization
advances the psychological restraints are more.
effective than physical ones. The scientific
methods used to condition a man's mind are in a
real sense physical restraints, for they engender
physical (1) [1950] S.C.R.88. fear channelling
one's actions through anticipated and expected
groves. So also the creation of conditions which
necessarily
engender
complexes
can
be
inhibitions
described
and
as
fear
physical
restraints. Further, the right to personal liberty
takes in not only a right to be free from
restrictions placed on his movements, but also
free from encroachments on his private life.”
ii.
Second, in the absence of parliamentary or judicial
oversight, electronic surveillance gives the Executive
the power to influence both the subject of
surveillance and all classes of individuals, which is
particularly dangerous since the provision is agnostic
with respect to the subject of surveillance. In other
words, constitutional functionaries may be the subject
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