In the Delhi BMW Accident Case, the court stated that the accused, Gaganpreet Kaur, has no legal right to be provided with CCTV footage. During the hearing, the accused's lawyer requested that the footage be preserved for security purposes.
New Delhi: A Delhi court on Thursday clarified that an accused in a criminal case has no legal right to a copy of CCTV footage or to view it. This order came during the hearing of a case related to a road accident that occurred in the Dhaula Kuan area. 38-year-old Gaganpreet Kaur had filed a petition to preserve this footage and include it in the investigation, a case involving the death of a senior official and serious injuries to his wife.
Accused filed petition for examination of CCTV footage
In this case, the accused, Gaganpreet Kaur, had filed a petition with the court to secure and make available the CCTV footage for examination. Gaganpreet is accused of driving a BMW which collided with the two-wheeler of a senior Ministry of Finance official near Dhaula Kuan Metro Station. The accident resulted in the death of 52-year-old Navjot Singh and serious injuries to his wife.
Gaganpreet's lawyer, Gagan Bhatnagar, stated that the footage is crucial for a complete investigation of the case and that the sequence of events can be clarified based on it. Bhatnagar specifically requested the examination of footage from Dhaula Kuan Metro pillars 65 and 67. However, the court clearly stated that there is no legal provision for the accused to view or possess the footage.
Lawyer's Argument in Court
Bhatnagar informed the court that he did not intend to misuse the footage but rather wished to preserve it for investigation and presentation in court. He alleged that the investigating officer gave an ambiguous reply to the petition, stating that a notice had been issued to the concerned person to provide the footage to the Delhi Police. The lawyer claimed that senior police officers had already given statements about viewing the footage for investigation, which contradicted the investigating officer's response.
Considering the seriousness of the case, the court instructed the investigating officer to appear on September 19. Additionally, a notice has been issued to the Station House Officer (SHO) of Dhaula Kuan police station.
Accused Denied Right to Footage
The court clarified that in the Indian criminal justice system, an accused does not have the right to be given or to view CCTV footage. Judicial Magistrate Ankit Garg stated that in the investigative and court processes, the footage would be used solely for the inspection of investigating officers and the court.
Gaganpreet has already been sent to judicial custody until September 27. Her bail application is scheduled for a hearing on September 20. In connection with this incident, Gaganpreet is facing charges under sections including driving at high speed, endangering the lives of others, causing death by negligence, and destruction of evidence.
