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Delhi Court Allows Delhi Police's Plea Seeking Deep Sidhu's Production For Obtaining His Voice Samples At FSL
Nupur Thapliyal
22 April 2021 7:28 PM IST
A Delhi Court on Thursday allowed Delhi Police's Application seeking production of Deep Sidhu at the FSL in order to obtain his voice samples and to match it with the Facebook Live and other video clips taken on record by the investigating agency during the course of investigation.Reliever Metropolitan Magistrate Sahil Gupta allowed the application after observing thus:"The Court is of...
A Delhi Court on Thursday allowed Delhi Police's Application seeking production of Deep Sidhu at the FSL in order to obtain his voice samples and to match it with the Facebook Live and other video clips taken on record by the investigating agency during the course of investigation.
Reliever Metropolitan Magistrate Sahil Gupta allowed the application after observing thus:
"The Court is of opinion that the submission of Ld. counsel of the accused as to application being vague lacking any concrete details of the videos for which the voice sample is required is premature as the manner in which investigation is to be done is the prerogative of the investigating agency. Also, at the stage of investigation, one cannot assume that by obtaining the voice sample, false evidence by tampering with the video clips could be imputed against the accused. The admissibility and quality of evidence is a question to be determined during the trial and not at the stage of investigation."
According to the prosecution, the said production was necessary as on the Republic Day, farmers had allegedly indulged in rioters' activities causing irreparable loss to the world heritage site apart from assaulting the policemen guarding the site and performing law and order duty, thereby causing serious injuries and casualties. During the course of investigation, certain videos were collected by the investigating agency wherein Sidhu was seen to be Live on Facebook.
The said application was vehemently opposed by counsel appearing on behalf of Sidhu by arguing that the said application was very vague and lacked any concrete details of the videos for which the voice sample was required and that these videos videos ought to also have been placed on record by the Prosecution with the proper transcript.
Moreover, it was argued that the application is an infringement of the fundamental rights of the Accused and more specifically the same is violative of Articles 20 and 21 of the Constitution.
"In light of above observation, the application of the IO is hereby allowed. The accused Sandeep Singh Sidhu @ Deep Sidhu was, in FIR No. 98/21, remanded to 14 days in Judicial Custody. Production warrant be issued against the accused with direction to Jail Superintendent to produce the accused at FSL, at a convenient time allocated by FSL, under more favourable conditions for the purpose of recording his voice sample in the presence of his counsel." The Court ordered.