Supreme CourtDivision Bench(2016) 02 SC CK 0058

N.D. Jayaprakash vs Union of India and another

Supreme Court Of India · Decided on 23 February 2016 · Citation: (2016) 4 SCC 741 : (2016) 2 SCCCri 462

HON’BLE JUDGES
J. Chelameswar · Abhay Manohar Sapre, JJ.
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Criminal) No. 25 of 2016.

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Judgment

9 paragraphs · 494 words

10.30 a.m.

1.

List the matter today at 2.00 p.m.

2.00 p.m.

2.

A mention was made in the morning by Shri Sidharth Luthra, learned senior counsel representing the Delhi High Court that the pen drive containing the visuals recorded by one of the members of the Advocates Committee appointed by this Court(Shri Harin Raval), obviously contains visuals of the learned Registrar General of the High Court of Delhi who was present in the Patiala House Court Complex on 17th February, 2016. In view of the fact that the Registrar General is a Judicial Officer and the fact that the moment the copies of the pen drive are made available to the public, they are likely to attract public attention. Therefore, learned Registrar General prays that appropriate directions be given to conceal his identity in the copies of the visual data to be supplied to the parties pursuant to the directions of this Court dated 22nd February, 2016.

3.

In view of the fact that the Registrar General of the Delhi High Court was present in the Patiala House Court Complex in discharge of his duties pursuant to an Order of this Court and having regard to his claim of privacy, we deem it appropriate to direct the Registry to take such appropriate technical measure masking the identity of the person of the Registrar General Delhi High Court while supplying the copies of the visual data to the parties.

4.

Shri Harin Raval, learned senior counsel who recorded the above-mentioned visual submitted that the basic recording was done on his mobile phone(I-Phone) and in view of the pendency of the proceedings, since the data contained in the I-Phone constitutes the original document, appropriate orders be passed with regard to the original document.

5.

In the circumstances, to avoid any future dispute regarding the authenticity of the content of the pen drive which is already deposited with the Registry of this Court, we direct that Mr. Raval will hand over his mobile phone for the purpose of comparison to one of the Officers of the Registry (Shri Ashok T. Ukrani, Additional Registrar) who will compare the content of the original recording in Sh. Raval''s mobile phone with the content of the pen drive. After being satisfied that the content of the pen drive is a true copy of the original content of the mobile phone of Sh. Raval, make copies of the pen drive and preserve the original pen drive in a sealed cover after taking such appropriate necessary technical precautions to protect the content of the pen drive. Such sealed cover shall not be opened except by the Orders of this Court. The mobile phone of Shri Raval get returned to him.

6.

For the purpose of comparing the authenticity of the pen drive, Shri Ukrani will also permit the presence of Sh. Raval and one of the Advocates to be nominated by Shri Sidharth Luthra.

7.

List the matter on 10th March, 2016.