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Karnataka High Court Refuses To Release RTI Activist's Seized Mobile Until He Unlocks It For Investigation
Mustafa Plumber
9 Feb 2023 8:14 AM GMT
The Karnataka High Court has refused to release the mobile phone of a RTI activist, seized by the Police during investigation of a criminal case against him, citing his refusal to unlock the device for the purpose of investigation.The petitioner allegedly videographed the proceedings of Mysore Urban Development Authority in his phone and later prevented discharging official duties of the...
The Karnataka High Court has refused to release the mobile phone of a RTI activist, seized by the Police during investigation of a criminal case against him, citing his refusal to unlock the device for the purpose of investigation.
The petitioner allegedly videographed the proceedings of Mysore Urban Development Authority in his phone and later prevented discharging official duties of the MUDA commissioner. During investigation, the Police seized his mobile to retrieve the alleged video and send it for forensic examination. However, as per the prosecution, the petitioner did not cooperate in the investigation and flatly refused to unlock the device.
A single judge bench of Justice K Natarajan in this regard observed,
“The petitioner is keeping the password secret and is not co-operating with the Investigating Officer...The petitioner is having liberty to approach the Court for release of the mobile phone by opening the video after unlocking the mobile phone by using the password.”
The bench even suggested that if the petitioner does not cooperate with the Investigation Officer, then the prosecution can seek cancellation of his bail.
"Until the petitioner is opening the lock of the mobile phone and helping the Investigating Officer to verify the video clippings and other messages, this petitioner is not entitled for the release of the mobile phone. The petitioner not co-operated, the Investigating Officer then they seek cancellation of bail."
The petitioner is charged for offences punishable under section Sections 332, 353 and 504 of Indian Penal Code. Chargesheet against the accused has been filed.
His plea to release the seized mobile was earlier dismissed by by the trial court vide order dated 26.05.2022 and this dismissal was upheld by the Session court vide its order dated 18.08.2022.
The prosecution said that as per the report of the Investigating Officer, there are so many notices issued to the petitioner for opening the lock of the mobile phone, in order to collect the data of the video clippings, but the petitioner is not cooperating with the Investigating Officer. The Investigating Officer even made a complaint against this petitioner before the trial court. However, in spite of the trial court advising him to open the lock of the mobile phone, the petitioner has not yet opened.
Citation: 2023 LiveLaw (Kar) 48
Appearance: Advocate Nishit Kumar Shetty for petitioner; HCGP R.D. Renukaradhya for respondent
