Saurabh Malik
Tribune News Service
Chandigarh, October 28
Nearly nine months after Justice Jaishree Thakur of the Punjab and Haryana High Court ruled that reliance could be placed on WhatsApp messages only after complying with the provisions of Section 65-B of the Indian Evidence, the judgment was quoted while seeking bail for Aryan Khan.
A report on the judgment was carried exclusively in these columns.
Available information suggests senior advocate Amit Desai on behalf of Shah Rukh Khan’s son Aryan Khan relied upon Justice Thakur’s judgment pronounced in an NDPS Act case. He submitted before the Bombay High Court that “Punjab and Haryana High Court and Bombay High Court have held that WhatsApp chats are inadmissible”.
Justice Thakur had ruled that an investigating agency could rely upon WhatsApp messages during the course of probe. But reliance could be placed on the messages only after complying with the provisions of Section 65-B of the Indian Evidence. The provision makes it clear that electronic records are required to be certified by a person occupying a responsible official position for being admissible as evidence in court proceedings.
Justice Thakur was hearing a petition filed against the Union of India by Rakesh Kumar Singla through senior advocate R.S. Rai and Rubina Vermani for grant of regular bail to the petitioner in a case registered on June 12, 2020, under the provisions of the NDPS Act at NCB police station, zonal unit, Sector 25(W), Chandigarh. “Needless to say that the Narcotics Bureau would always be at liberty to rely upon the WhatsApp messages after due compliance of provisions of Section 65-B…,” Justice Thakur ruled.
Justice Thakur asserted the answer was negative to Court query whether certificate under Section 65B was available to authenticate the messages. A recent Supreme Court judgment held that certificate Section 65B was required when reliance was being placed upon electronic record. As such, the message would be of no evidentiary value as on date.
“The investigation in the matter is complete and the challan stands presented and therefore, this Court is of the opinion that no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail…,” Justice Thakur asserted.
Punjab and Haryana HC ruling quoted to seek bail for Aryan Khan
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