Call records ought to be provided to accused at beginning of trial: HC

CHANDIGARH: : The Punjab and Haryana high court has held that an accused is entitled to be provided with call records/ tower locations, if so directed to be preserved of those associated with a criminal case, at the beginning of trial on just after the framing of charges by a trial court.

The high court bench of justice Gurvinder Singh Gill observed that the accused has to build up his defence right from the very inception after charges are framed.

The court was hearing a plea from one Gagandeep Singh who had challenged a special court, Ludhiana, order whereby an application moved by him to provide call detail records/mobile tower locations was dismissed.

“It is not that defence has to be build up only at the stage of recording of statement or at the stage of recording defence evidence, but the same can well be built up right from the stage of cross-examination of the prosecution witnesses when the accused would be confronting the prosecution witnesses with all such material which could demolish their deposition,” the bench observed.

It added that if the accused can be permitted to have access to these documents at the stage of recording defence evidence, then the court does not see any rationale in depriving accused access to such documents at the stage of cross-examining prosecution witnesses so as to build up his defence.

Gagandeep was booked in a drugs case on November 30, 2020 at police station Dehlon in Ludhiana. The court had earlier ordered preservation of call records/ tower locations of some persons in the case, which was allowed. However, when the matter was fixed for framing of charges, his plea for providing the same was dismissed. In high court he had argued that once the record has been preserved he ought to have been provided with the same to build up his defence.

On the other hand, state’s counsel had told court that such like documents cannot be furnished to the petitioner at the stage of consideration on framing of charges since the same do not form part of the charge-sheet and are not “relied upon” documents and had never been taken into possession by the police during the course of investigation. It is only at the stage of defence evidence that the petitioner may be permitted to have access to the said documents, the state had argued.

The court opined that at the stage of framing of charges, the accused certainly does not have a right to have access to these documents which are not part of challan and are in the nature of documents to help him put forth his defence. “The question as regards framing of charges has to be considered mainly on the basis of the documents collected by the police during the course of investigation. Since, the call detail record is not part of the challan, therefore, the petitioner, at this stage has no right to call for these documents,” the bench ruled.

However, court further said that as far as the contention of providing such type documents only at the stage of recording defence evidence is concerned, this court somehow cannot accept the contention as the accused has to build up his defence right from the very inception after charges are framed. “The petitioner would be entitled to the call detail record and tower location record once the charges are framed,” the bench said adding that if trial court decides to frame charges against the accused, it would issue necessary directions for calling for the call detail and tower location records once the charges are framed, the bench said.

THE HIGH COURT BENCH OF JUSTICE GURVINDER SINGH GILL OBSERVED THAT THE ACCUSED HAS TO BUILD UP HIS DEFENCE RIGHT FROM THE VERY INCEPTION AFTER CHARGES ARE FRAMED