Court says right of accused to fair trial prevails over right to privacy of police

Punjab Haryana HC ruling: The Punjab and Haryana High Court recently held that the right of an accused for production and requisitioning of the call details and mobile tower location details of police officials prevails over their right to privacy .

Justice Yashvir Singh Rathor on November 20 observed that the right of accused to invoke the provisions of Section 94 BNSS for obtaining documents in support of his defence has been recognized by the Constitutional Courts.

The court said, “The legislative intent behind enactment of Section 94 BNSS is to ensure that no cogent material or evidence involved in the issue remains undiscovered in unearthing the true facts during investigation, enquiry, trial or other proceedings.

“No doubt while issuing the appropriate directions for preservin