Sharddha murder case: Aftab Poonawala judicial custody extended for 14 days

In the Shraddha Walker murder case, the judicial custody of Aftab Poonawala has been extended by Saket court, Delhi on Tuesday for the next 14 days.

Meanwhile, accused Poonawala has urged to study some law books on which the court has also directed the authorities to provide him with warm clothes.

Earlier on 24 December a voice sample of Poonawala was obtained by Delhi Police and after which the Delhi court said in the case a fair investigation is required in the larger public interest.

“True, a fair trial is the right of the accused but it is also true that fair investigation is also required in the larger public interest as the offense cannot escape and crime cannot go unnoticed merely because the accused is not ready to aid in the investigation,” Metropolitan Magistrate Vijayshree Rathore of Saket court said.

“Thus, the application moved by the Investigating Officer (IO) seeking permission for a voice sampling test of the accused is allowed,” the court said.

Moreover, while giving the decision ‘Ritesh Sinha vs State UP’, the case was also referred by the court and said “judicial order compelling a person to give a sample of his voice is not violative of Fundamental Right to Privacy, under Article 20(3) of the Constitution of India”.

“It was further observed in the case that the Fundamental Right to Privacy cannot be construed as absolute and must bow down to compelling public interest,” the court stated.

The court also stated, “Even though the accused is not willing to give voice sample for voice sampling test, however, I am of the considered view that the accused can still be asked to give the voice sample to investigating agency for reaching the ends of the justice and also for a fair investigation.”

However, Aaftab killed her live-in partner Shraddha and in 35 pieces Aaftab chopped her body. Based on his confession he was arrested in November and on 9 December Aaftab was produced before a court via video conferencing and for 14 days his judicial custody was extended.

Madhvi Jha

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