The Delhi High Court said that an accused in a criminal case cannot be coerced to disclose the passwords of his or her gadgets & digital devices to the investigating agency.The High Court's observation came while granting bail to a person accused of running call centres in the country & defrauding US citizens to the tune of about 20 million USD.Justice Saurabh Banerjee said that while any accused is expected to show "high sensitivity, diligence & understanding" during investigation, the agency cannot expect him to "sing in a tune which is music to their ears" in view of protection under Article 20(3) of the Constitution.
Article 20(3) states that no person who is accused of any offence shall be compelled to be a witness against himself.The CBI opposed the bail plea on the ground that the bail applicant is the real kingpin behind the entire racket & that it was waiting for him to share the passwords to unlock the gadgets/ digital devices."In the opinion of this court, any accused like the applicant herein, is always very much expected to not only join investigation, but also to participate therein, so as not to cause any hindrance to the ongoing investigation," said the court in a recent order.
It said, "At the same time, the concerned Investigating Agency cannot expect anyone who is an accused, like the applicant herein, to sing in a tune which is music to their ears, more so, whence such an accused, like the applicant herein is well & truly protected under Article 20(3) of The Constitution of India. Also, in the present case, as the trial is ongoing, the applicant cannot be coerced to reveal/ disclose the password(s) or any other like details in view of the aforesaid protection guaranteed to him under The Constitution of India".According to the FIR, a company, E-Sampark Softech Pvt. Ltd, along with its directors -- including the present applicant -- made millions of scam phone calls to the USA from fraud call centres located in India & defrauded & cheated US Citizens to the tune of about 20 million USD by impersonating various government officials there.It was stated that the accused persons would threaten the people there with arrest, initiation of criminal case, penalty, fine or seizure of property & coerced them to pay through various means like wire transfers, bank or cash transfers etc.The court, while granting bail to the present applicant on a personal bond of Rs 2 lakh & one surety of the like amount, observed that keeping him behind bars would serve no fruitful purpose & he was innocent till proven guilty.It noted that the investigation qua the applicant was complete, charge sheet stood filed & the proceedings primarily revolved around electronic evidences including laptops, mobile phones & such other sophisticated gadgets, which have already been seized.It added that there are miniscule chances of the applicant influencing the witnesses & the applicant did not misuse the interim bail of 203 days given to him earlier.
The Court said, "This court cannot forget that though the applicant has been named in the FIR as an accused, however, till the final outcome of the proceedings emanating therefrom, the status of the applicant is merely that of a suspect. The applicant is innocent till proven guilty possession of the Investigating Agency. In view thereof, keeping the applicant behind bars will lead to violation of Article 21 of the Constitution of India".
TAGS: Delhi High Court Privacy Accused Gadget Passwords Justice Banerjee Bail
