Summoning call detail records, locations of police officials can prejudice their safety, privacy: Delhi High Court

The Delhi High Court recently observed that procuring call detail records and tower-wise locations of police officials can prejudice their safety and privacy..Justice Swarana Kanta Sharma said that the concerned police officers may be involved in dealing with sensitive cases including those related to national security, and therefore, orders summoning call records and location of the officers can directly encroach upon their privacy.“Further, the impugned orders also have the capacity to put at risk and expose the identities of the ‘secret informers’ and risk their safety and security,” the Court observed..It, therefore, set aside an order of the Additional Sessions Judge (ASJ) Shahadra District, Karkardooma Courts in a case related to Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)..In an order dated December 4, 2017, the ASJ had directed the investigating officer to procure the call detail records and location via mobile tower of all members of the raiding party, secret informer, investigating officer and the accused.After considering the case, Justice Sharma said that there is no requirement to procure call detail records of investigating officers, members of raiding team/other concerned police officials.“Thus, the impugned orders passed by the learned ASJ, as recorded in para nos 4, 7 and 10 of this judgment, are set aside. Accordingly, the present petitions are allowed,” the Court held..Additional Public Prosecutor (APP) Naresh Kumar Chahar appeared for the Delhi Police.Central Government Standing Counsel Ripu Daman Bhardwaj represented the Union of India.NCB was represented through advocates Senior Standing Counsel Subhash Bansal and advocate Shashwat Bansal..[Read Judgment]