Post SC decision, HC question if private messages can be a evidence?
New Delhi : Almost after a month when Supreme Court of India ruled that 'Right to Privacy' is a fundamental right, a High Court on Saturday asked if private messages can be used as evidence in a criminal investigation?
At a recent hearing, a bench of Justices Siddharth Mridul and Najmi Waziri asked if private messages can be considered as evidence post ruling by the SC.
The HC said that ED may have to spell out its stand on whether reliance on private messages exchanged between the accused in a criminal case can fall under "reasonable restriction" in the context of Article 21 of the Constitution.
While issuing notice to the Centre and ED, the Delhi HC noted, "We would like to know, can we look into these BBM messages after the SC's nine-bench privacy judgment, whether these private messages would be admissible as evidence. Privacy has been held as integral part of Article 21 (life and liberty) of the Constitution. Please examine, as we would like to know it."