Prove memory card a police document: SC to Dileep

The Supreme Court on Monday asked Malayalam actor Dileep to prove if memory card of a mobile phone could be described as a document to be provided to him in an actor's assault case of 2017 in order to ensure fair trial.

A bench of Justices A M Khanwilkar and Hemant Gupta told senior advocate Mukul Rohatgi, representing the actor, to put forth his arguments on December 11.

The court granted him time to support his contention with the apex court's direct judgement on the subject or the Information Technology Act.

“If the memory card is a part of the police document, it has to be provided to the accused under Section 207 of the Criminal Procedure Code,” the bench observed.

Rohatgi challenged the Kerala High Court's judgement, which ruled that the memory card was not a document, which can be provided to the accused.

Secondly, the high court said it can't be released as it contained sensitive information which could harm the reputation of the victim.

“I have a constitutional right to the fair trial. If I get a copy of the memory card, I get to know its properties which would show that it contained a compendium of five to six clips,” the counsel submitted.

He also maintained the other basis that it may harm reputation of the victim was immaterial.

He said that the memory card of the reported assault was filed before a magistrate by a lawyer as the original phone was still not recoverable.

According to the police, the actor had hatched conspiracy with the other accused to abduct the actor and take her nude photographs, as he harboured ill-feelings against her for spoiling his previous marriage.

Dileep, who was arrested on July 10, was released on bail in October.