IAS officer's ‘harassment': Digital proof to be saved
Delhi High Court
has ordered
Delhi Police
to preserve digital evidence, including call logs of a senior IPS officer accused of misbehaviour and harassment by a woman IAS officer.
In a recent order, Justice Swarana Kanta Sharma allowed the plea filed by the IAS officer and noted that in the "interest of justice and to ensure that relevant material, if ultimately found admissible and necessary, remains available for scrutiny by the courts, this court is inclined to direct the respondent/state to ensure preservation of the digital evidence, i.e.
IPDRs, CDRs, tower location data, mobile and landline usage logs, and Wi-Fi logs" of the officer as well as the cops who investigated her case and filed a closure report before the trial court.
The court said the digital evidence would be preserved for the period from July 2023 to Sept 2023. It clarified that "the present order is being passed solely for the limited purpose of securing preservation of digital evidence and shall not be construed as an expression of opinion on the merits of the case".
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The judge also clarified that "the direction to preserve data does not create any rights or equities in favour of either party. The relevance, authenticity, and admissibility of such data will be considered at an appropriate stage".
Last year, a magistrate's court had accepted the cancellation report filed by Delhi Police over the allegations of misbehaviour levelled by the IAS officer against the police officer. The trial court noted that the woman officer never disclosed to the investigating officer or the magistrate court that she made a call to the accused on Oct 17, 2023, just a day before the registration of the FIR. In response, she took the plea that her husband called the accused from her mobile number to harshly reprimand him.
After the trial court's order, the IAS officer appealed in the high court.
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