Court junks Salim Fruit’s plea that NIA invaded his privacy

The agency had arrested Fruit in August 2022 in a case related to raising funds through illegal methods for the D-company

A special court has rejected an application by gangster Chhota Shakeel’s relative Salim Fruit to declare the National Investigation Agency’s (NIA) search and seizure at his residence and other locations as “illegal” as it purportedly invaded his right to privacy that is part of his right to life guaranteed by the Constitution.

The court said there is sufficient prima facie material that he has broken the law and therefore his personal liberty and right to life can be curtailed.

The agency had arrested Fruit in August 2022 in a case related to raising funds through illegal methods for the D-company.

The 49-year-old had claimed that his personal data and that of his family members was seized during searches at his residence and office. He said this was in violation of his fundamental right.

The court said in its detailed order that the agency’s contention clearly demonstrates that the accused, his co-accused and wanted accused are involved in serious and heinous offences attracting the Unlawful Activities Prevention Act (UAPA). Fruit had cited an apex court judgment on the right to life and to be let alone. Special NIA Judge BD Shelke said in the order, “In the present case at hand, there is sufficient prima facie against the accused which shows he has broken the law, therefore his personal liberty and his right to enjoy life under Article 21 can be curtailed following due legal procedure.”

Fruit had also pleaded through advocate Viquar Rajguru that he be provided copies of data recovered from the seized devices. The court permitted the plea and directed the NIA to provide these.

The NIA had responded to this plea and said that it was yet to receive these gadgets from the forensic lab where they were sent for analysis and that immediately after receiving them, they would be provided to the accused.