FAILURE TO GIVE MOBILE IN CUSTODY ISN’T ‘NON-COOPERATION.’ STATED BY ANDHRA PRADESH HC

by | Oct 21, 2024

Headline

The Andhra Pradesh High Court gives Bail, and stated that withholding mobile phones is not ‘Non-Cooperation’.

Summary

The Andhra Pradesh High Court stated that declining to submit mobile phones to the police does not constitute non-cooperation, as it is protected under Article 20(3) of the Indian Constitution. The court granted bail to N. Suresh Babu and Avutu Srinivasa Reddy, indulged in a brutal incident at the TDP State office.

Key Facts

  • Case Name: Avuthu Srinivas Reddy vs. The Station House Officer
  • Judge Name: Justice Dr. V.R.K. Krupa Sagar
  • Incident: Attack on the TDP office by the supporters of YSRCP, including the petitioners.
  • Reason for Bail Opposition: Declining to submit mobile phones to police.

Legal Insights

The Andhra Pradesh High Court mentioned Sanket Bhadresh Modi v. CBI, stating that coercing the accused to share device information breaches Article 20(3) of the Indian Constitution. It held that failure to submit mobile phones cannot be said as non-cooperation.

Impact

The judgment focuses on the constitutional protection against self-incrimination and showcases the limits on methods of police investigation.

Why It Matters

This case stresses on the requirement to balance investigative interests with individual rights and sets a precedent for digital privacy protections under Article 20(3) of the Indian Constitution.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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