New Delhi [India], September 18 : Delhi's Patiala House Court on Thursday issued a notice to the SHO of Delhi Cantonment Police Station (PS) directing him to preserve the related CCTV footage.
The Investigation Officer (IO) was directed to appear with the case file during the next hearing.
Judicial Magistrate First Class (JMFC) Ankit Garg issued notice to the SHO and listed the application for hearing on Friday. Accused Gaganpreet Kaur has sought the preservation of CCTV footage of the accident site.
The court noted the submissions of Advocates Gagan Bhatnagar and Nikhil Kohli, counsel for the accused, that the reply filed by the police to the application was evasive.
The Counsel submitted that during the media briefing, the DCP had stated that there was CCTV footage of the incident, and he had seen the same.
Counsel further submitted that the same has been shown to the accused and the victim also.
The court noted that in the reply, it is mentioned by the police only that the notice has been issued to the concerned agency, and a reply is awaited. "There is nothing in the CCTV footage mentioned by the police in the media briefing."
The counsel for the accused also submitted that the CCTV footage of Pillars no. 65 and 67 be preserved.
Advocate Atul Kumar, counsel for Complainant, submitted that he has no opposition to the preservation. "It cannot be produced at the behest of the accused."
On the other hand, Counsel for the accused requested that the footage be produced before the court during the bail hearing.
It was submitted that the police officials filed a reply and mentioned there is no clarity on whether there is any CCTV footage. The record of CCTV installed at Pillar no. 65, 67 should be preserved.
At the outset, it was submitted by the counsel for the accused that initially, there was a statement by the victim that the bike was hit by a car.
Later on, DCP, in a media briefing, stated that he had seen the CCTV Footage. Now, the police are saying that the notice has been issued, and the reply of the agency is still awaited. Four days have passed since the accident.
"As per the police, they have seen the CCTV and they have it. We specifically mentioned that the bail is listed for a hearing. Therefore, we need this footage. So please place it on record", the counsel submitted.
The court said that the preservation can be asked, not the production at this stage.
Counsel for Complainant said that this application is not maintainable.
The court said that there is no problem with preservation. "You have no right to get it at this stage. If police need it to make their case or they feel required, they can produce it before the court".
The court further said that the accused can not assert the production of CCTV at this stage, and he can only assert the preservation of the CCTV. It is the prerogative of the investigating agency to produce the footage.
The case concerns the fatal BMW accident at Dhaula Kuan, which claimed the life of Navjot Singh, Deputy Secretary in the Finance Ministry.
On Wednesday, Patiala House Court granted time to Delhi Police to file their response opposing Gaganpreet Kaur's bail plea, scheduling arguments until Saturday. Meanwhile, the court extended her judicial custody till September 27.