New Delhi [India], June 1 (ANI): The Delhi Police on Saturday opposed the application of Brij Bhushan Sharan Singh seeking summoning of travel documents and call detail records (CDR).
Police said that the accused wants reinvestigation in the garb of summoning documents that can not be directed. Brij Bhushan Sharan Singh is an accused in a sexual harassment case. The court has framed charges against Singh.
Additional Chief Metropolitan Magistrate (ACMM) after hearing the submissions of Defence counsel, Additional Public Prosecutor and counsel for complainants.
The court has adjourned the matter till July 2. Delhi police filed its reply on the application of Brij Bhushan Sharan Singh. Defence counsel Rajiv Mohan, Rehan Khan, and Rishabh Bhati argued that this is an application for summoning CDR and travel documents.
He said that CDR is with the police. Apart from that travel documents are with WFI, Ministry of Sports and Immigration Bureau.
The accused is an MP and the former WFI Chief is given a diplomatic passport and there was a protocol for his foreign travel. The travel documents are necessary to show when he travelled abroad and in which he and his teams had stayed abroad.
Additional Public Prosecutor (APP) Atul Srivastava opposed the submissions made by the defence counsel.
APP submitted that the accused is seeking a reinvestigation in the garb of summoning documents through IO. Reinvestigation can’t be directed for a reinvestigation by this court.
Further investigation also cannot be ordered as the charges have been framed, APP added. CDR can not be used by the defence unless there is a mandatory certificate under 65B of the Evidence Act.
“IO can’t be directed for reinvestigation. Relief not sought can not be given. Want to unsettle what has been settled by the court by framing,” APP contended.
He submitted that in the garb of summoning of documents, the accused wanted a direction for reinvestigation.
The complainant’s counsel also opposed the plea of the accused. He said there is no need for travel documents as a passport says everything about the date and country of travel. Documents can’t be put to witnesses. Can a witness prove this document? Only a concerned officer can prove the documents, the counsel said.
The defence of an alibi can be put at the stage of cross-examination. This application is not maintainable.
Defence counsel Rajiv Mohan submitted in rebuttal that as per Supreme Court judgement, any evidence that is not in support of prosecution can be used by the accused for his defence.
It is for the prosecution to prove a document, it is not the responsibility of the defence. An electronic document can be used by the defence, he added.
The court asked the defence counsel to place judgment on this point. The defence counsel also submitted that he is not asking for further investigation or reinvestigation. As per the charge sheet, the police investigation is pending on foreign locations and other aspects.
On court query, the IO clarified that some mobile phones including that of Brij Bhushan Sharan Singh were sent for FSL examination. A report of the same is awaited and will be filed through a supplementary charge sheet. (ANI)
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