In the case of the communal riots that broke out in north-east Delhi, the accused demanded from the court that he be provided with his mobile phone record (CDR) attached to the charge sheet. At the same time, the court was told by the police that investigation is still going on in this case. In such a situation, mobile phone records cannot be provided to the accused at the primary stage of investigation. The court has accepted the plea of the police.
Karkardooma-based Chief Metropolitan Magistrate Purushottam Pathak’s court rejected the plea of the accused, saying that the Delhi riot is a very serious matter. Innocent people have died in these riots. The investigation of these riots is still going on. In such a situation, no such order can be issued, which affects the investigation. However, the court also said that the accused has the right to get the CDR so that the defense can use it to present their case at one point of time, but it will take time. Therefore, the court cannot order the police to present a copy of the CDR to the accused.
The court admitted that the record of the accused’s mobile phone has been produced along with the charge sheet. This record is recorded in the file, but it cannot be handed over to the accused.
The case presented was registered at Dayalpur police station. The police claimed in the charge sheet that the accused’s mobile phone has been found to be continuously active along with the location of the rioters in a designated police station area during the riots. Even in CCTV footage, he is seen inciting riots, throwing stones and spreading riots with rioters with a particular community. Police has said that they have enough evidence to prove the charge against the accused.