Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 1223 - HC - Indian LawsSeeking dispensing with the physical presence and production of petitioner - seeking direction to question/interrogate the petitioner in connection with the aforesaid FIR through online mode/vide conferencing - HELD THAT:- Interrogation is an effective tool available with an Investigator. It is an indefeasible right of the police to interrogate an accused to unearth the truth especially when direct evidence is not available or the modus operandi of the commission of offence is such that there are certain hidden facts which are required to be brought to surface. No doubt, the Courts in the present times have been relying upon video conferencing for the conduct of proceedings of the Court but interrogation of an accused, though possible through video conference, will loose much of its effectiveness when the accused is sitting far far away from the investigator/interrogator. During the course of interrogation, an Investigator would put several questions one after another depending upon the answers given by the accused while watching his demeanour. Interrogation also involves reading the psyche of the accused so as to elicit truth which can effectively be possible by observing his immediate response and conduct to the queries put to him. This Court is of the firm opinion that the police cannot be deprived of its right to interrogate an accused and that video conferencing may not be as effective as physical interrogation especially when the case happens to be such where the accused has played a role in the back stage. However, at the same time keeping in view the apprehension of the petitioner, who is involved in large number of cases, it certainly needs to be secured that no harm is caused to the accused and that he is safely brought from the jail where he is presently confined in Rajasthan to Chandigarh or to Haryana where he is involved in other cases. The petitioner shall first be brought from Rajasthan to Chandigarh by the Chandigarh police after obtaining requisite production warrants as per provisions of law and shall be produced before the Illaqa Magistrate concerned for the purpose of seeking remand - Petition disposed off.
|