In a recent development, Delhi’s Tis Hazari Court has instructed the Delhi Police to release electronic devices that were confiscated from the editors of the news portal “The Wire.” The directive comes in connection with a case filed by BJP leader Amit Malviya last year, accusing the portal of tarnishing his image. The FIR encompassed charges of alleged cheating, forgery, defamation, and criminal conspiracy.
Chief Metropolitan Magistrate (CMM) Siddharth Malik, in his order dated September 23, 2023, mandated the investigative officer to release the seized electronic devices within a span of 15 days. The court has scheduled the next hearing on October 21, 2023, to ensure compliance with the order.
CMM Malik stated in the order,
“There is no reasonable ground for not releasing the digital/electronic devices in favour of the accused/applicant.”
The court highlighted that records indicate the devices, seized during the investigation, were sent to a forensic science lab for expert examination. The investigative officer confirmed that mirror images of these devices have been created.
However, the Delhi Police had reservations about releasing the devices. They argued that the mirror images might not be adequate for data retrieval if new evidence emerges during the ongoing investigation. The court dismissed this argument, emphasizing that the devices have been in the investigative officer’s custody for a considerable duration. Since the devices have already been scrutinized by the Forensic Science Lab (FSL) and their mirror images are available with the FSL, they can be used for any subsequent investigations.
The court further noted that the investigative officer’s claim, suggesting that the devices might be needed for future investigations, is speculative. It is based on the assumption that new evidence might surface, which is uncertain.
The devices of the accused persons cannot be kept indefinitely by the IO only on the speculation of an uncertain future event/discovery,”
the court remarked.
To ensure the devices’ availability for any future investigations, the court has imposed specific conditions on the accused. The accused must provide an affidavit to the investigative officer, confirming that the device will remain in their possession. Additionally, they are required to protect the device from any tampering. If any discrepancies are detected in the device, the accused must promptly inform the investigative officer and surrender the device.
The electronic devices in question were seized in October of the previous year from “The Wire” news portal’s office and its editors following the FIR lodged by BJP leader Malviya.
