[Delhi Riots 2020] Delhi Court directs police to ensure integrity is not compromised with in evidences to be produced

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Synopsis

Noting that video and audio clips relied on by the police in the Delhi Riots 2020, have not been placed on record, and some have not been sent to FSL, the court directed the police to ensure the integrity of evidence in each case must be checked.

A Delhi Court has recently directed the Police to ensure that the evidence related to the north-east Delhi Riots 2020 must be produced without any compromise to its integrity.

While hearing a case related to the North-East Delhi Riots 2020, Additional Sessions Judge Pulastya Pramachala noted that the videos relied on by the police in the case were not placed on record, and in some cases, they were not even sent to the Forensic Science Laboratory (FSL).

Court also noted that the CD containing the video clips of riots, which was produced before the court was unsealed while two other CDs which were produced were not even sent to FSL for examination.

The court stated, “For any video clip, or audio clip, the prosecution is duty bound to get such piece of evidence examined by a forensic expert, in order to test its veracity and the fact if such piece of evidence is edited/tampered with in any manner.”

The court observed that the integrity of evidence in each case has to be got checked and ensured by the prosecution, and therefore, the aforesaid plea cannot be sustained.

Court ordered, “In these circumstances, in the interest of the case, it has become incumbent upon me to refer this situation to ld.DCP, North East, and ld.DCP/Crime for taking all necessary steps in all such cases, in an expeditious manner, and to ensure that such evidence is produced before the court, without any compromise to their integrity, and after due examination from FSL.”

Case Title: State v. Ankit Chaudhary @Fauzi & Ors.