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2019 Supreme(SC) 818

RANJAN GOGOI, DEEPAK GUPTA, SANJIV KHANNA
Ritesh Sinha – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant(s) :Senthil Jagadeesan, B.V. Balaram Das, Arunabh Chaudhary, Vaibhav Tomar, Ankur Chawla, Rahul Pratap, Aamir Khan, K. Dorjee, Pallavi Pratap, Ashish Pratap Singh, Garima Prashad, S. Nagamuthu, Y. Arunagiri, P. Soma Sundaram, Ashok Kumar, P.V.K. Deivendran, Advocates
For the Respondent(s):Mr. Sanjay Jain, Nachiketa Joshi, Prakash Gautam, Mukul Kumar Singh, Sania Scott, Harsh Sangma, B.V. Balram Das, Rajesh Singh, Arvind Kumar Sharma, Bharat Singh, Vishwa Pal Singh, Ronak Karanpuria, Prerna Mehta, Irshad Ahmad, Ardhendumauli Kumar Prasad, Taruna Ardhendumauli Prasad, Amritesh Raj, Nitesh Ranjan, Piyush Singh, Vaibhav Shrivastava, Ashwani Kumar, Iti Sharma, Kuljeet Rawal, Puneet Sharma, Baij Nath Patel, Sweta, Romila, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. Judicial Magistrates must be granted the authority to order an individual to provide a voice sample for investigative purposes, even in the absence of explicit statutory provisions, through judicial interpretation and exercise of constitutional jurisdiction (!) (!) .

  2. The fundamental right to privacy is not absolute and may be overridden when there is a compelling public interest, especially during criminal investigations (!) .

  3. When there are significant gaps or ambiguities in statutory law, courts may adopt a temporary interpretative approach to fill these gaps to ensure the law remains effective and societal interests are served, with a call for legislative action to address such issues promptly (!) (!) .

  4. The exercise of judicial power should be guided by current realities and societal needs, emphasizing flexibility rather than rigid adherence to inflexible principles, particularly when addressing silent or unaddressed aspects of law (!) (!) .

  5. The law should be interpreted purposively, considering the context and intent of the legislature, especially when legislative silence or omission creates practical difficulties, and courts may fill such voids to uphold justice (!) (!) .

  6. Specific statutory provisions are necessary to explicitly empower courts or authorities to compel individuals to give voice samples; until such provisions are enacted, courts may rely on constitutional powers to fill the gap (!) (!) .

  7. The law has recognized the potential utility of voice print identification and similar methods, but there is no current statutory authority in India explicitly permitting courts or police to compel voice samples from accused persons, highlighting a legislative gap (!) (!) (!) .

  8. The interpretation of constitutional protections, such as the right against self-incrimination, suggests that providing voice samples does not necessarily constitute self-incrimination or violate constitutional rights if such samples are used for comparison rather than as testimonial evidence (!) (!) (!) (!) .

  9. Judicial interpretation can be employed to bridge legislative gaps, especially when societal interests and justice demand prompt action, provided such interpretation aligns with constitutional principles and respects individual rights (!) (!) (!) .

  10. Until explicit legal provisions are enacted, courts can exercise their constitutional jurisdiction to permit voice sampling for investigations, emphasizing the importance of judicial discretion guided by constitutional mandates and societal needs (!) (!) .

Would you like a more detailed explanation of any specific point?


JUDGMENT :

RANJAN GOGOI, CJI.

1. Leave granted in Special Leave Petition (Criminal) Nos. 9671 of 2017, 1048 of 2018, 2225 of 2018 and 3272 of 2018.

2. Criminal Appeal No.2003 of 2012.

Facts:

On 7th December, 2009 the In-charge of the Electronics Cell of Sadar Bazar Police Station located in the district of Saharanpur of the State of Uttar Pradesh lodged a First Information Report (“FIR” for short) alleging that one Dhoom Singh in association with the appellant – Ritesh Sinha, was engaged in collection of monies from different people on the promise of jobs in the Police. Dhoom Singh was arrested and one mobile phone was seized from him. The Investigating Authority wanted to verify whether the recorded conversation in the mobile phone was between Dhoom Singh and the appellant – Ritesh Sinha. They, therefore, needed the voice sample of the appellant and accordingly filed an application before the learned jurisdictional Chief Judicial Magistrate (“CJM” for short) praying for summoning the appellant to the Court for recording his voice sample.

3. The learned CJM, Saharanpur by order dated 8th January, 2010 issued summons to the appellant to appear before the Investigating Officer and to give




















































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