Order reserved by Delhi HC on Special Judge’s Order allowing accused person to inspect documents

chidambaram LAW INSIDER INchidambaram LAW INSIDER IN

Aanchal Agarwal-

Published on August 27, 2021, at 15:58 IST

The Delhi High Court today reserved its order on the CBI’s plea against the trial court for allowing the accused persons including former minister P Chidambaram to inspect the relevant documents related to the INX Media Case kept in the Malkana room by CBI.

Justice Mukta Gupta stated that “List has to be given so that the accused knows what documents are in possession of the agency. In case there is something relevant for him, he can approach the Court for order”.

Justice Mukta Gupta also stated that she was bound under Sections 207 and 208 of CrPC to furnish all the relevant documents and statements related to the case to the accused.

The Court referred to a previous judgement of the Supreme Court dated 20th April 2021 in a Suo Moto Case.

The Supreme Court in paragraph 11th of the above mentioned case stated that” “While furnishing the list of statements, documents and material objects under Sections 207 and 208 of CrPC, the magistrate should also make sure that a list of other materials such as statements, or objects and documents seized, but not relied on should be furnished to the accused. This is to ensure that if the accused is thinks that such materials are necessary to be produced for a proper and just trial, he or she may seek appropriate orders, under the CrPC for their production during the trial”.

Appearing on behalf of the CBI, Anupama S Sharma argued that in this case as the investigation is still going on, there are chances that by furnishing the documents to the accused they might get tampered with.

She also added that the Supreme Court in its Judgement had observed that secrecy is of utmost importance.

In view of this, the Court reserved orders by providing 4 days to the CBI for submitting written documents relating to this matter.

Related Post