A Delhi court on Thursday this week did not allow mobile data collected from several accused in the Delhi riots conspiracy case to be shared with the co-accused on the grounds that it allegedly contains pornographic content and would infringe on their privacy.
The development came while the Court was dealing with sec. 207 CrPC applications moved on behalf of various accused persons in the matter, which asked for some accused to be supplied with a copy of all the evidence and material relied upon by the prosecution in the charge sheet.
However, the Additional Sessions Judge Amitabh Rawat responded by saying that personal data contained in the mobile phone of the accused persons cannot be supplied to other accused persons in view of the privacy concerns.
Several people, including former JNU student leader Umar Khalid, JNU students Natasha Narwal and Devangana Kalita, Jamia Coordination Committee member Safoora Zargar, former Aam Aadmi Party councillor Tahir Hussain and 13 others are the accused in the case and have been booked under the Unlawful Activities (Prevention) Act (UAPA).
The judge said there have been a few applications requesting sharing of data, but the prosecution has made their reservations against sharing the personal data of other co-accused persons with the applicant. He also added that the prosecution showed him some photographs and details of the content in the mobile phones of the accused persons.
The pornographic content is such that it cannot even be shared with the lawyers of other accused persons, as per reports.
As per Live Law, the court stated, “SPP submitted two sealed envelopes that contained the data from the phones of some accused persons. It contained nude photos, private intimate moments and other self-made pornographic videos by accused persons.”
“From the look of those photographs and videos, it cannot be made available to anyone,” the judge said.
‘I am told there are certain audio and video of the accused persons that cannot be shared publicly. Even their counsel agree to this because it is pornographic content and video of self,’ the judge added.
The judge said, ‘There are some porn videos, which the accused have made of themselves. So, I reckon you would understand that it would infringe on the privacy and lives.’
The judge, however, added that not everything found on the mobile phones of accused are pornographic, stating that are some personal photographs of the accused persons as well.
The judge also asked the lawyers of the accused to provide an advance copy whenever they move an application under 207 CrPC so that they can file a reply to it, or furnish all the documents, except those that they have expressed their reservations on for being self-pornographic or some personal pictures.
The case pertains to the horrifying riots that convulsed the national capital in February 2020 when unruly mob in the city’s northeast went on a rampage, indulging in wanton violence, vandalism and arson. A bevvy of people were arrested in the case, including 18 people who were booked under the stringent anti-terror law UAPA and accused of hatching a conspiracy that touched off the riots that had left 53 people dead and over 700 injured.
