The Delhi Court in its order stated that the release of the electronic devices seized from the editors of online portal ‘the Wire’, during the searches which is conducted by the Delhi Police last year in October with regards to the FIR lodged against them by BJP leader Amit Malviya.
It has been stated by the Chief Metropolitan Magistrate Siddhartha Malik of Tis Hazari Courts that there being no reasonable ground for not releasing the devices to the portal’s founding editors Siddharth Varadarajan, MK Venu, Sidharth Bhatia, deputy editor Jahnavi Sen and product-cum-business head Mithun Kidambi.
Therefore, the Judge stated that the devices be released within the period of 15 days.
The court in the case observed seized that the devices during investigation have been in the investigating officer’s custody for a very long time and that the mirror images of them are being are available with the FSL for any subsequent investigation.
The court stated that the arguments of the IO that the devices might again be required for some subsequent investigation is speculative in nature based on the presumption of coming to light some new fact at a later Stage, which may or may not happen. Thus, the devices of the accused persons cannot be kept indefinitely by the IO only on the speculation of an uncertain future event or discovery. The judge in its order stated on the application moved by the editors, who are being accused in the FIR, wherein seeking release of the electronic devices seized by the IO during investigation.
Therefore, the portal claimed that despite the cooperation of its editors during the searches, its office at Bhagat Singh Market in Delhi was also searched and one of its lawyers was physically being pushed out by the officers at that site.
The application was opposed by the Delhi Police moved by the editors for release of devices on the ground that their mirror images may not be sufficient for retrieval of data from the said devices if some new facts come to light during further investigation.
The court in the case stated that the reasonable conditions can be imposed on the editors to ensure that the devices are available to the IO for investigation, if it is required at the larger stage. It has been directed by the court that the editors to furnish an affidavit before the IO to keep the devices in their own custody.
In the present case, the Amit Malviya had lodged a complaint against. Thus, the Wire and its editors for tarnishing the reputation of him with their now retracted report claiming that he used his special privileges at Meta to take down over 700 social media posts.
The court in the case registered an FIR under section 420, cheating, Section 468, forgery with the purpose of cheating, Section 469, forgery for harming reputation, Section 471, using forged document, Section 500, defamation, Section 120B, criminal conspiracy and Section 34, common intention of the Indian Penal Code, 1860. The counsel, Advocate Ashwath Sitaraman appeared for the applicants.
