Kharak Singh, a resident of Uttar Pradesh, filed a writ petition in the Supreme Court of India in 1962. His challenge was against the surveillance tactics employed by the police under the U.P. Police Regulations. Kharak Singh was previously tried in 1941 for allegedly being part of an armed robbery but was released due to insufficient evidence under Section 169 of the Code of Criminal Procedure, 1973. Despite his release, the U.P. Police opened a “history sheet” for him under Section 228 of the U.P. Police Regulations, classifying him under Class A of criminals under surveillance. Kharak Singh was placed in Class A, which subjected him to intense and intrusive surveillance. The petitioner reported being watched around the clock, with village guards and sometimes police officers arriving at his house, banging on his door, disturbing his sleep at night, and even taking him to the police station to verify his identity. Furthermore, whenever Singh traveled, he had to inform the village guard or police station of his whereabouts and destination, where the local police would then continue the surveillance.

The right to privacy was invoked in this case to challenge the surveillance of an accused person by the police. Kharak Singh was arrested for dacoity but was released due to a lack of evidence. The Uttar Pradesh Police subsequently brought him under surveillance, which was allowed under Chapter XX of the Uttar Pradesh Police Regulations. Kharak Singh then challenged the constitutional validity of Chapter XX and the powers it conferred upon police officials, as it violated his fundamental rights under Article 19(1)(d) (right to freedom of movement) and Article 21 (protection of life and personal liberty). The 6-judge bench held that domiciliary visits at night was unconstitutional, but upheld the rest of the Regulations. More importantly, the bench held that the right of privacy is not a guaranteed right under the Constitution. This Kharak Singh vs State of UP highlights the ongoing dialogue between individual rights and state power, emphasizing the judiciary's role in upholding democratic principles. As privacy continues to gain prominence in legal and societal contexts, the foundational arguments from Kharak Singh resonate, reflecting the continuing quest for a balance between security and personal freedom