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Privacy can't override need to preserve call records: Delhi HC
Privacy can't override need to preserve call records: Delhi HC

Hindustan Times

time7 days ago

  • Hindustan Times

Privacy can't override need to preserve call records: Delhi HC

The Delhi High Court held that privacy concerns cannot override the need to preserve call data records (CDRs) when such evidence could help an accused establish innocence. (Getty Images/iStockphoto) Justice Anup Jairam Bhambani made the observation on Tuesday while hearing a plea by a man accused of stalking and sexually harassing a woman, seeking preservation of both his and the complainant's CDRs from April 2020 to May 2023. The case dates to May 2023, when Delhi Police booked the man under provisions of the IPC and IT Act based on a complaint that he had been stalking and harassing the woman since 2020 despite repeated warnings. The man, however, claimed they had been in a three-year relationship, which ended after her husband found out. A trial court had initially ordered preservation of the CDRs but later withdrew the directive, terming it neither necessary nor desirable. The man then approached the high court, arguing that the records were essential to prove the nature of their relationship and counter what he called a 'pre-planned conspiracy.' Senior advocate N Hariharan contended the evidence was critical for a fair trial. The complainant opposed the request, citing breach of privacy and possible stigma. The high court took a 'measured approach,' directing preservation only of the man's CDRs for the specified period. 'As for the apprehension that mere preservation of the CDRs… would amount to breach of the complainant's privacy… such concerns cannot stand in the way of at least preserving what the accused claims to be exculpatory evidence,' the court held. Justice Bhambani noted that CDRs can reveal frequency, initiation, timing, and duration of calls –details that may prove crucial in assessing interactions between parties. The bench, in its 29-page judgement, also flagged a systemic gap: the absence of any formal mechanism for an accused to obtain exculpatory evidence. This, it said, allows investigating officers, who hold an advantage during the probe, to potentially withhold material helpful to the defence. 'Since the means for an accused to collect exculpatory evidence are woefully missing, investigating officers, who invariably have an upper-hand at least at the stage of investigation, fall into the temptation of keeping back evidence that may be helpful to the defence. It is not uncommon for an investigating agency to disclose only their side of the case,' the court said.

DHCBA appeals for relief support after Uttarakhand flash floods, landslides
DHCBA appeals for relief support after Uttarakhand flash floods, landslides

News18

time08-08-2025

  • Politics
  • News18

DHCBA appeals for relief support after Uttarakhand flash floods, landslides

New Delhi [India], August 8 (ANI): The Delhi High Court Bar Association (DHCBA) has expressed deep sorrow over the loss of life and devastation caused by the recent floods and landslides in Uttarakhand, Himachal Pradesh, Bihar, and other affected a statement issued by DHCBA President, Senior Advocate N Hariharan, the association conveyed its solidarity with those impacted, particularly in light of the tragic events in Uttarkashi, Uttarakhand, earlier this August 5, a massive flash flood struck Uttarkashi district following a cloudburst, leaving at least five people dead and over 50 missing. Dharali village, located on the pilgrim route to Gangotri Dham, suffered extensive destruction. Connectivity to the region was severely disrupted, with the Char Dham Yatra also affected due to rain-triggered landslides and flooding. The Indian Army has been providing medical assistance to the injured at its facility in Harsil.'The Delhi High Court Bar Association is deeply saddened by the devastating floods and landslides that have ravaged several states, including Uttarakhand, Himachal Pradesh, and Bihar. Our thoughts and prayers are with the people and communities affected by this calamity," Hariharan said in the association has urged all its members, as well as the wider legal fraternity in Delhi, to extend support for relief efforts. 'Your generosity and support will go a long way in alleviating the suffering of those affected," the statement operations are ongoing in the affected regions, with rescue teams racing against time to locate missing persons and restore essential connectivity. (ANI)

Delhi High Court Bar Association condemns Pahalgam terror attack
Delhi High Court Bar Association condemns Pahalgam terror attack

Hindustan Times

time23-04-2025

  • Politics
  • Hindustan Times

Delhi High Court Bar Association condemns Pahalgam terror attack

The Delhi High Court Bar Association (DHCBA) on Wednesday strongly condemned the terror attack in Jammu and Kashmir's Pahalgam area on Tuesday, terming the incident as a 'dastardly and cowardly attack targeting innocent civilians.' As a mark of protest, the members of the bar decided to wear black ribbons on their arms. Condemning the attack, DHCBA president and senior advocate N Hariharan in a press release said, 'The Delhi high court bar association strongly condemns the dastardly and cowardly terrorist attack on the lives of innocent tourists at Pahalgam in Jammu and Kashmir and such heinous attacks challenging the unity, integrity and sovereignty of our nation.' At least 26 people were killed and 15 were injured, when terrorists opened fire on tourists at Baisaran, a meadow in Pahalgam area in south Kashmir's Anantnag district, accessible only by foot or ponies. The attack came weeks before the commencement of the Amarnath Yatra. Pakistan-based terror outfit Lashkar-e-Taiba's proxy, the Resistance Front (TRF), claimed responsibility for the attack. Speaking to the media, Hariharan said that the incident attacks the nation's sovereignty, integrity and unity and urged the government to take immediate action and measures against such incidents. 'It is attacking the sovereignty, integrity and unity of our nation. We strongly condemn and urge the government to take immediate action and take measures against such incidents,' he said. Multiple bar bodies across Jammu and Kashmir have strongly condemned the brutal terrorist attack, with the president of the Jammu unit of Jammu and Kashmir high court bar association K Nirmal Kotwal calling for a complete Jammu Bandh on Wednesday along with suspension of judicial work. He urged all civil society organisations to also join the protest. Similarly, the President of high court bar association at Srinagar, advocate Waseem Gul, termed the attack as a 'barbaric assault with no place in a civilized society.' Amid these developments, a petition has been filed in the Supreme Court by advocate Vishal Tiwari demanding Centre and state of Jammu and Kashmir to take all steps to secure the safety of tourists who visit the hilly states in north India during the summer months. Tiwari even urged the states of Uttarakhand, Sikkim, Arunachal Pradesh, and Himachal Pradesh to ensure tourists in these states are also given protection. Additionally, the petition also sought directions for ensuring the safety and security of pilgrims for the upcoming Amarnath yatra and demanded availability of proper medical facilities at tourist spots, especially situated in remote hilly and valley areas to ensure prompt medical aid in case of any emergency.

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