A Delhi Court today allowed Delhi Police to obtain voice sample from Punjabi actor Deep Sidhu for further investigation in Red Fort violence case being probed by it. (State vs Deep Sidhu)
Issuing production warrant in the name of Sidhu, who is presently in judicial custody in another FIR registered pertaining to the violence, Judge Sahil Gupta, Reliever MM (Central), Tis Hazari Courts ordered,
Delhi Police had sought Sidhu’s voice sample to “authenticate” and match his voice in all videos uploaded by him on social media platform Facebook as “Facebook Live” on the date of the incident.
The Delhi Police’s request was opposed by the counsel for Deep Sidhu.
It was argued that the application was very vague and lacked any concrete details of the videos for which the voice sample was required.
The counsel for Sidhu contended that the application was an infringement of the fundamental rights guaranteed under Articles 20 and 21 of the Constitution of India.
Fruther, it was submitted that taking of voice sample was necessitated only when the videos in question disclose the commission of an offence, which was not the allegation in the present case.
In view of the submissions, the Court opined that Sidhu’s stand that the application was vague and lacking any concrete details of the videos was premature.
The Court said that the manner in which investigationwas to be done is the prerogative of the investigating agency.
Also, at the stage of investigation, one cannot assume that by obtaining the voice sample, false evidence by tampering with the video clips could be imputed, the Court added as it clarified that the admissibility and quality of evidence was question to be determined during the trial.
The Court also recorded the Supreme Court’s decision in Ritesh Sinha vs State of Uttar Pradesh that until explicit provisions were engrafted in the Code Criminal Procedure by Parliament, a Judicial Magistrate must be conceded the power to order a person to give a sample of his voice for the purpose of investigation of a crime.
APP Rajiv Kamboj appeared for State. Advocates Jaspreet Singh Rai, Jasdeep Dhillon appeared for Sidhu.
Sidhu was first arrested on February 9 in the Delhi Police FIR pertaining to the Red Fort violence. A day after a Tis Hazari Sessions Courts granted bail to Sidhu, he was arrested by the Police in the FIR registered on the complaint by Archelogical Survey of India.
While rejecting Delhi Police plea for four-day police custody of Sidhu, the Court had sent the actor to 14-day judicial custody.
Sidhu’s bail plea in the ASI FIR will be heard tomorrow.