The Special Judge of the CBI court in Chandigarh has directed telecom companies to preserve call details exchanged between Assistant Sub-Inspector (ASI) Hitesh Kumar of Chandigarh Police and the complainant from June 1 to 7, along with tower location data and customer application forms (CAFs). The order emphasizes that the right to a fair trial is a constitutional right, and electronic evidence that may assist an accused in proving innocence cannot be excluded on technical or procedural grounds.
Background of the Bribery Case
The Central Bureau of Investigation (CBI) arrested ASI Hitesh Kumar, posted at Sector 39 police station, on June 6 while he was accepting a bribe of Rs 40,000 from the complainant. The bribe was part of a demand of Rs 50,000 for releasing the complainant's car and refraining from registering a case related to an accident. The CBI registered an FIR on June 6 based on a written complaint dated June 4 by Amarjeet Singh. After registration, a trap was laid, and the accused was caught red-handed.
Defense Request for Call Records
The counsel for the applicant argued that the telephone call details, internet usage, cell ID location chart, and CAFs of mobile numbers of the accused and the complainant were necessary to prove false implication and to confront prosecution witnesses. The CBI opposed the application, stating that the investigation was ongoing and it was not the appropriate stage for seeking such records.
Court's Ruling on Fair Trial
After hearing arguments, the CBI court noted that the right of the accused to invoke Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for obtaining documents in support of defense has been recognized by constitutional courts. Denying adequate opportunity due to non-production or non-preservation of electronic records would amount to a miscarriage of justice. The court further stated that the right to a fair trial is constitutional, and any evidence that may assist the accused in establishing innocence cannot be excluded merely on technical or procedural grounds.
Order to Preserve and Forward Data
The court ordered telecom service providers to preserve and forward the call details exchanged between the specified mobile numbers for the period from June 1 to 7, along with tower locations and CAFs, in a sealed envelope. The envelope will be opened at a relevant stage during the trial upon the accused's request. To safeguard the complainant's privacy, all remaining call details and locations unrelated to the calls between the two numbers will be hidden by the service providers.
Implications for Criminal Justice
This order reinforces the importance of electronic evidence in criminal trials and the judiciary's commitment to ensuring a fair trial. It balances the accused's right to defense with privacy protections for the complainant.
