In a recent ruling that could be a plot twist in a cybercrime thriller, the Delhi High Court has declared that even the accused have the right to keep their digital lips sealed. The court, under the gavel of Justice Saurabh Banerjee, stated that forcing the accused to spill the beans (or in this case, passwords) of their gadgets is a no-go, citing protection under Article 20(3) of the Constitution.
This ruling came into the spotlight during the bail hearing of an accused, who allegedly played a key role in a call centre scam, duping U.S. citizens of a whopping $20 million. While the court expects the accused to play ball during the investigation, it drew the line at self-incrimination.
The CBI, eager to crack open the digital Pandora’s box, opposed the bail plea, labelling the accused as the puppet master of the operation. However, the court reminded the agency that the accused isn’t expected to dance to their tune.
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The plot thickens with the accused running a company, E-Sampark Softech Pvt. Ltd, which was the nerve centre for the fraudulent calls. The accused, including the bail applicant, allegedly impersonated government officials, convincing U.S. citizens to part with their money.
The court, while granting bail, noted that the investigation was complete and the charge sheet filed. It emphasised that keeping the accused behind bars wouldn’t serve any purpose, as the accused is still a ‘suspect’ until proven guilty. The court further stated that detaining the accused would violate Article 21 of the Constitution, reinforcing the principle of ‘innocent until proven guilty’. So, for now, the accused can breathe a sigh of relief, while their gadgets keep their secrets locked away.
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