2016 Supreme(SC) 478
SUPREME COURT OF INDIA
J. Chelameswar and Abhay Manohar Sapre, JJ.
N.D. Jayaprakash - Petitioner
Versus
Union of India and Anr. - Respondents
Writ Petition(Criminal) No. 25 of 2016
Decided on : 23-2-2016
For the Petitioner:Indira Jaising, Sr. Advocate, Prashant Bhushan and Farrukh Rasheed, Advocates.
For the Respondent(s) (Delhi Police):Ajit Sinha, Sr. Advocate, Vibhu Shanker Mishra, D.S. Mahra and Deepa Prakash E., Advocates.
For the Delhi High Court :Siddharth Luthra, Sr. Advocate, A.D.N. Rao, Annam Venkatesh, Sudipto Sircar, Ankita Chadha, Rahul Mishra, Advocates, Harin P. Raval, Sr. Advocate, Nipun Saxena, Anando Mukherjee and Divya Anand, Advocates.
The judgment established the importance of protecting the privacy of judicial officers and ensuring the authenticity of evidence.
Headnote:
PRIVACY - Judicial Officer - [Section 2(c) of the Contempt of Courts Act, 1971, Section 327 of the Code of Criminal Procedure, 1973] - The court directed the Registry to conceal the identity of the Registrar General of the Delhi High Court in the visual data supplied to the parties, considering his claim of privacy as a judicial officer. The court also ordered technical measures to protect the content of the pen drive and compared it with the original recording on the mobile phone of Shri Raval to ensure authenticity.
Fact of the Case:
The case involved incidents at the Patiala House Court Complex and the privacy concerns of the Registrar General of the Delhi High Court.
Finding of the Court:
The court directed the concealment of the Registrar General's identity in the visual data and ordered technical measures to protect the content of the pen drive. It also allowed the comparison of the pen drive content with the original recording on Shri Raval's mobile phone.
Issues: Privacy concerns of the Registrar General and authenticity of the visual data.
Ratio Decidendi: The court upheld the privacy rights of the judicial officer and emphasized the importance of ensuring the authenticity of evidence.
Final Decision: The court directed the concealment of the Registrar General's identity and ordered technical measures to protect the content of the pen drive, while allowing the comparison of the pen drive content with the original recording on Shri Raval's mobile phone.
ORDER :
10.30 a.m.
List the matter today at 2.00 p.m.
2.00 p.m.
2. A mention was made in the morning by Shri Sidharth Luthra, learned senior counsel representing the Delhi High Court that the pen drive containing the visuals recorded by one of the members of the Advocates Committee appointed by this Court(Shri Harin Raval), obviously contains visuals of the learned Registrar General of the High Court of Delhi who was present in the Patiala House Court Complex on 17th February, 2016. In view of the fact that the Registrar General is a Judicial Officer and the fact that the moment the copies of the pen drive are made available to the public, they are likely to attract public attention. Therefore, learned Registrar General prays that appropriate directions be given to conceal his identity in the copies of the visual data to be supplied to the parties pursuant to the directions of this Court dated 22nd February, 2016.
3. In view of the fact that the Registrar General of the Delhi High Court was present in the Patiala House Court Complex in discharge of his duties pursuant to an Order of this Court and having regard to his claim of privacy, we deem it appropriate to direct the Registry to take such appropriate technical measure masking the identity of the person of the Registrar General Delhi High Court while supplying the copies of the visual data to the parties.
4. Shri Harin Raval, learned senior counsel who recorded the above-mentioned visual submitted that the basic recording was done on his mobile phone(I-Phone) and in view of the pendency of the proceedings, since the data contained in the I-Phone constitutes the original document, appropriate orders be passed with regard to the original document.
5. In the circumstances, to avoid any future dispute regarding the authenticity of the content of the pen drive which is already deposited with the Registry of this Court, we direct that Mr. Raval will hand over his mobile phone for the purpose of comparison to one of the Officers of the Registry (Shri Ashok T. Ukrani, Additional Registrar) who will compare the content of the original recording in Sh. Raval's mobile phone with the content of the pen drive. After being satisfied that the content of the pen drive is a true copy of the original content of the mobile phone of Sh. Raval, make copies of the pen drive and preserve the original pen drive in a sealed cover after taking such appropriate necessary technical precautions to protect the content of the pen drive. Such sealed cover shall not be opened except by the Orders of this Court. The mobile phone of Shri Raval get returned to him.
6. For the purpose of comparing the authenticity of the pen drive, Shri Ukrani will also permit the presence of Sh. Raval and one of the Advocates to be nominated by Shri Sidharth Luthra.
7. List the matter on 10th March, 2016.
Order Dated 22.2.2016.
When the matter is taken up today, apart from the various reports received earlier, we have received today (i) a copy of the report of the Administrative Committee meeting held on 16th February, 2016 at Delhi High Court and the decision taken therein; (ii) an affidavit filed on behalf of the Bar Council of India sworn by Joint Secretary, Bar Council of India; (iii) report of the Advocates appearing for the accused Kanhaiya Kumar regarding the events that took place on 17.2.2016 at Patiala House Court Complex premises. It may be mentioned here that though this report was furnished earlier but it was signed only by five Advocates out of the six Advocates as one of the six advocates was not available earlier. Therefore, another copy signed by six lawyers who appeared for the accused in the trial Court is filed today.
2. Various learned counsel appearing in the matter prayed that the copies of all the reports be supplied to each one of them to enable them to make their submissions in the matter. None of the parties submitting the reports has any objection in supplying the same to others. However, Shri Sidharth Luthra