Five persons,including four Delhi police personnel,arrested for allegedly obtaining call detail records of BJP leader Arun Jaitley and others have been denied bail by a court here which said the allegations against them were “very serious in nature”.
Chief Metropolitan Magistrate Amit Bansal dismissed the bail pleas of assistant sub-inspector Gopal Dass,head constables Harish Singh and Raj Kumar,constable Harish Kumar and another person Puneet Verma.
These accused were arrested along with others in connection with the case for allegedly obtaining 22 call detail records (CDRs) in an unauthorised manner.
“The allegations against the applicants are very serious in nature. The applicants in a deliberate manner and in conspiracy with other accused persons violated the right of privacy of various persons thereby impinging upon their fundamental rights of life and liberty as enshrined under Article 21 of the Constitution of India,” the court said.
While dismissing their plea,the court also observed that if granted bail at this stage,the accused may tamper with the evidence.
“Keeping in view the modus operandi of committing the offence and the nature of evidence,it seems that applicants may misuse the liberty of bail at this stage,if admitted to bail and may tamper with the evidence,” it said.
The Special Cell of Delhi Police had opposed their bail pleas,saying the probe into the case is at an initial stage and various important aspects are yet to be ascertained.
The police had argued that the mobile service providers were made to believe by the accused that a genuine request was received from authorised person for procuring the CDRs.
It claimed that the accused forged and manipulated the documents to procure the CDRs for monetary considerations.
Regarding Gopal Dass,it alleged that he was instrumental in obtaining 17 CDRs in an unauthorised manner and these CDRs were obtained by the accused through the office of ACP Khajuri Khas for “oblique purposes.”
It claimed that out of the requests for 17 CDRs,10 were sent by Gopal in his own handwriting while head constable Harish Singh was instrumental in getting two CDRs through the office of ACP Shahdara.
Regarding constable Harish Kumar,it alleged that he made the request for obtaining three CDRs while head constable Raj Kumar procured seven CDRs of different persons.
Raj Kumar was working as a reader with ACP Khajuri Khas,it said,adding Puneet was a “connecting chain” for the accused persons and he even destroyed some crucial evidence.
The defence counsel,however,had sought bail,saying their clients were not required for any further custodial interrogation. Puneet’s counsel had said his client was not concerned with the mobile numbers and had not send any request for obtaining the CDRs.
The court dismissed their bail plea saying,”keeping in view the above said facts and circumstances of the case,modus operandi of committing the offence and gravity of the offence,the applicants/accused persons are not entitled to bail,at this stage,and their bail applications are dismissed accordingly.”
According to police,52 sets of CDRs were obtained and the four accused named in the charge sheet filed earlier were connected with 30 CDRs while these accused were linked with the 22 remaining CDRs.
Earlier,Delhi Police constable Arvind Dabas and three private detectives– Anurag,Neeraj and Nitish– were arrested in the case.
The Special Cell had filed a charge sheet against the four accused in this case on April 16.
Police had charged the accused under sections 420 (cheating),464 (making a false document),467 (forgery of a valuable security),468 (forgery for the purpose of cheating) and 471 (using as genuine a forged document) and 120B(criminal conspiracy) of the IPC and under Section 66 of the Information Technology Act.
However,they were granted bail on May 30 on personal bond of Rs one lakh each and two sureties each of the like amount.
The incident had come to light in January,causing political furore with the Opposition accusing the government of tapping Jaitley’s phone.
According to police,CDRs of five numbers,including three belonging to Jaitley,were sought by them by using unauthorised email ID of Assistant Commissioner of Police (Operations) New Delhi district on January 8.