SC allows CDR access in defamation case involving bureaucrats
Bengaluru, June 18 -- The long-running legal battle between IPS officer D Roopa Moudgil and IAS officer Rohini Sindhuri in Karnataka seems to have taken a dramatic turn last month, with Moudgil telling the Supreme Court that Sinduri had a relationship with her (the former's) husband, a senior IAS officer, and that this affair formed the factual basis of the social media posts that led to criminal defamation proceedings against her, which are currently ongoing in a Karnataka court.
Moudgil is currently posted as Additional Director General of Police (ADGP) and Managing Director of the Karnataka Silk Marketing Board and Sindhuri is special secretary with the Karnataka Commerce and Industries Department.
Moudgil made the allegation before the Supreme Court last month while seeking an order to access Call Detail Records (CDRs) relating to two mobile phone numbers that she said would support her defence in the criminal defamation case filed against her by IAS officer Sindhuri. A bench of justices Ahsanuddin Amanullah and R Mahadevan allowed Moudgil's plea and directed the production of the records. While the Court did not express any view on the truth of the allegations, it recorded Moudgil's claim that Sindhuri had a relationship with her husband and held that evidence relating to that allegation could not be treated as irrelevant to her defence.
The court's order, passed on May 21, was made recently public.
The Supreme Court noted that the social media posts were allegedly a "direct consequence" of events involving Sindhuri and Moudgil's husband and that communications between them could therefore become relevant in the trial.
"Thus, in order to prove innocence by an accused in a case of defamation, especially when it relates to posts on social media, the defence for the posts being made, if it is based on certain factual aspects which can be proved through documents or material, which in the present case are the CDRs, cannot be said to be extraneous material and unwarranted," the Court said while allowing Moudgil's plea....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.