Kerala HC directs Dileep and relatives to submit six mobile phones in conspiracy case

The popular actor, his brother Anoop and their brother-in-law Sooraj are among the six accused in the conspiracy case. Earlier this week, police questioned Dileep and others for 33 hours and asked them to produce seven mobile phones that they believed contained proof for the alleged conspiracy.

After Dileep refused to hand over the gadgets, the prosecution on Friday moved the high court, which had stayed the arrest of the accused till February 2. After hearing the matter on Saturday, Justice P Gopinath directed the accused to produce the six mobile phones in a sealed box before the high court registrar general by 10.15am on January 31. Of the seven phones that the police had sought, one was not identified by the accused. The court has asked the prosecution to submit its explanation on Monday.

Refusing to hand over the gadgets, Dileep and the others argued that “any direction to produce the mobile phones would amount to the violation of the right against self-incrimination guaranteed under Article 20(3) of the Constitution of India.’’

Dileep also submitted that he had sent some of the phones to a forensic expert for analysis and data retrieval. He said he had sought the forensic expert’s help because he had no faith in the probe agency, adding that the data so retrieved could be handed over to the police.

However, the court observed that under Section 79A of the Information Technology Act, 2000, the government has notified certain agencies as “examiners of electronic evidence”. “Only such agencies can be allowed to conduct a forensic analysis of a mobile phone, and the petitioners cannot entrust the phones to any person of their choice to examine or extract data from the phones…’’

The judge said the prosecution had every right to ask for the mobile phones and get them examined by agencies identified under the IT Act.