Delhi Riots Conspiracy Case : Court Refuses Plea For Copy Of Mobile Phone Data Of Co-Accused Saying It Contains Private Images
In another development with regards to the Delhi Riots larger conspiracy case, a Delhi Court on Thursday said that the mobile phone data collected of various accused persons could not be provided to co-accused in the matter as it contained nude photos and pornographic videos and sharing of the same will have an impact on their right to privacy. "It appears that there is a question of right...
In another development with regards to the Delhi Riots larger conspiracy case, a Delhi Court on Thursday said that the mobile phone data collected of various accused persons could not be provided to co-accused in the matter as it contained nude photos and pornographic videos and sharing of the same will have an impact on their right to privacy.
"It appears that there is a question of right of privacy of accused and supply of any such data, as asked for, will have an impact on personal lives of accused persons and thus, supplying of any photographs or video as contained in the mobile phone of accused to any other accused persons or even to the counsels of accused would not be possible," Additional Sessions Judge Amitabh Rawat recorded in the order.
The development came while the Court was dealing with sec. 207 CrPC applications moved on behalf of various accused persons in the matter.
During the course of hearing, SPP Amit Prasad submitted before the Court that under sec. 207 CrPC, personal data contained in the mobile phone of the accused persons cannot be supplied to other accused persons in view of the privacy concern.
"He has shown the court, two sealed envelops which contained photographs as taken out from the mobile phone. These photographs contain nude pictures, private intimate moments and as other self made porn video by accused persons," the Court recorded further.
On the other hand, the counsel appearing on behalf of the accused persons submitted before the Court that in the case of conspiracy, they would require the contents of mobile phone of other accused persons who are alleged to be related to each other and in the interest of the defence of the accused persons, the issue of supply of personal data including whatever video or photographs as are available in the mobile phones should not be closed and be kept open.
In view of this, the counsel said that they will argue on the said aspect on the next date of hearing.
"All the Ld. Counsels who have not so far moved application under Section 207 Cr.P.C are directed to file it within two weeks with advance copy to the prosecution so that deficient copies can be supplied," the Court directed.
The matter will now be heard on November 23.