Considering that two Single Judges of the Madras High Court took different views with regard to installing CCTV cameras in spas, massage and therapy centres, Justice G.R. Swaminathan has directed the High Court Registry to place the papers before the Acting Chief Justice to consider constituting a Larger Bench in this regard.
The judge was hearing a petition filed by a man seeking a direction to restrain the police from interfering with the day-to-day activities of his ayurvedic treatment centre and spa at Courtallam in Tenkasi district.
The petitioner’s counsel submitted that the court had passed an order recently holding that police could not insist on installing CCTV cameras inside spas. The counsel sought an order on the same lines.
However, Government Advocate (Crl. Side) M. Sakthi Kumar drew the court’s attention to an article published by a digital media publication, which quoted senior advocate K.T.S. Tulsi as saying the conflict must be resolved by a larger Bench.
“Though I am quite clear in my mind that I have merely followed the nine-Bench decision of the Hon’ble Supreme Court in Puttaswamy v. Union of India, still in view of the submission of the learned Government Advocate [Crl. Side], I deem it fit and appropriate to direct the Registry to place the papers before My Lord The Hon’ble Chief Justice to consider constituting a Larger Bench in this regard”, Justice Swaminathan said.
While Justice S.M. Subramaniam made it mandatory for spas, massage and therapy centres to install CCTV cameras inside their premises, Justice G.R. Swaminathan held that it would unquestionably infract upon a person’s bodily autonomy.
