5 July 2021 3:52 AM GMT
In a recent ruling of Delhi High Court, laying down detailed guidelines to be followed while declaring a person as a Proclaimed Offender, the Delhi Police & CBI have also been directed to obtain the social media details of such people (Proclaimed Offenders) at the time of their arrest or soon thereafter."At the time of arrest or soon thereafter, the police shall collect...
In a recent ruling of Delhi High Court, laying down detailed guidelines to be followed while declaring a person as a Proclaimed Offender, the Delhi Police & CBI have also been directed to obtain the social media details of such people (Proclaimed Offenders) at the time of their arrest or soon thereafter.
"At the time of arrest or soon thereafter, the police shall collect the photograph, mobile and landline number, email ID, all Social Networking accounts like Facebook, Instagram, LinkedIn, Twitter and IT Communication tools and copies of at least two documents namely Aadhar Card, Passport, PAN Card, Bank Account, Credit card, Ration card, Electricity bill, Landline telephone bill, Voter I.D. Card, Driving Licence from the accused," Justice JR Midha said in a 185-page judgment.
Noting that there are impediments in early tracing and detection of proclaimed offenders and taking legal action, the Court said that tracing of proclaimed offenders would require, inter alia, accurate personal identification details like e-mail ID, mobile number, landline number etc., and Social Media accounts if any, like Facebook, WhatsApp etc.
"These days social media tools can be used for tracking and tracing an accused in case of any exigency akin to abscondance," stated the order.
Further, issuing the guidelines for enhancing the efficiency in the execution of proclamations, the Court also directed that the arrest Memo should include particulars of other new age modes of communications namely Email I.Ds., Facebook accounts, LinkedIn accounts, Twitter handles, etc.
Importantly, in order to search the accused/Proclaimed Persons/Offenders with enhanced technological tools, the Court has also directed the Digital Surveillance Team of Delhi Police and CBI to keep a vigil on social media and websites like Facebook, WhatsApp, LinkedIn, and Twitter, etc.
The Court also said:
"Investigators need to proactively look for leads and clues in social media, electronic communication platforms and open-source information to search for Proclaimed Persons/Offenders."
"Delhi Police, as well as CBI, shall create a Special Cell for tracing out the Proclaimed Persons/Offenders; for attaching their movable/immovable properties and for their prosecution. Delhi Police as well as CBI are at liberty to have a consolidated Special Cell. This Special Cell be created within a period of four weeks," the Court has directed.
Furthermore, the Court has constituted a 10-member High Powered Committee to supervise the implementation of Guidelines.
Last year, the Allahabad High Court asked the State Government to furnish complete details relating to the efforts being made by the State to ensure the arrest of an absconding life convict, who was alleged to be regularly operating his social media pages including the Facebook account.
Case Title - Sunil Tyagi v. Govt. of NCT of Delhi and Anr
Click Here To Download Judgment