Is A Statement Recorded U/S 164 CrPC A Public Document? Kerala High Court Appoints Amicus Curiae In Saritha Nair's Plea

The Kerala High Court on Friday appointed an amicus curiae to assist the court to decide the legal question of whether a statement recorded under Section 164 of the CrPC is a public document.

Justice Kauser Edappagath appointed the amicus curiae in the plea moved by Saritha S. Nair, the prime accused in the infamous solar panel scam seeking a direction to provide her with copies of the Section 164 statement given by Swapna Suresh, an accused in the gold smuggling case.

Advocate K.K. Dheerendrakrishnan has been appointed as the amicus curiae in the case. 

Saritha Nair is accused of having duped several influential people to the tune of 70 lakhs, by offering to make them business partners or by offering to install solar power units for them, and receiving advance payments for the same. Swapna Suresh is accused of smuggling 30 kilograms of gold through diplomatic cargo dispatched to UAE Consulate at Thiruvananthapuram.

When the petition came up for hearing, Advocate B.A Aloor appearing for the petitioner submitted that the statement given by Swapna was a public document and therefore the petitioner was entitled to get a copy. 

Nair approached the Court apprehending that certain allegations may have been brought on record against her in the statement given by Suresh. As such, Nair has prayed that the court allow her plea, directing the production of certified copies of the said document to her, failing which she would sustain an irreparable injury, hardship, as well as physical and mental agony.

She had initially moved the Principal District and Sessions Court of Ernakulam, with the same request, but this was denied.  

The has Court adjourned to July 11 the hearing on a petition filed by Saritha S. Nair, accused in the solar scam cases, seeking a directive to provide a copy of the statement given by Swapna Suresh, accused in the diplomatic gold smuggling case before a subordinate court. 

Case Title: Saritha S. Nair v. Union of India & Anr.

Citation: 2022 LiveLaw (Ker) 318

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