In a recent Supreme Court hearing, the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) levelled accusations against BRS leader K Kavitha, claiming that she had engaged in ‘tampering with evidence’ by deleting messages and formatting her mobile phones. These actions, according to the agencies, were intended to obstruct justice. However, during the proceedings on Tuesday, the Supreme Court indicated that simply deleting messages from a phone is ‘normal behaviour’ and cannot be considered a criminal act. It went on to give offer Bail, stating unless there is additional supporting evidence its not a crime.
The case was presented before a bench comprising Justices B R Gavai and K V Viswanathan. The additional solicitor general, S V Raju, argued that Kavitha’s actions amounted to evidence tampering, a serious offence that warranted further legal scrutiny. He asserted that the deletion of messages and formatting of phones could potentially hinder the investigation.
This argument was met with strong opposition from senior advocate Mukul Rohatgi, who represented K Kavitha. Rohatgi countered by pointing out that people frequently use their phones in a casual manner, often treating them as disposable items. He explained that Kavitha had simply upgraded to a new phone and had formatted her old device before passing it on to her servant, a common practice that should not be construed as a criminal act. Rohatgi emphasised that changing phones and deleting personal data is a normal practice, not an indication of guilt.
The bench appeared to concur with Rohatgi’s reasoning, noting that it is not uncommon for people to own and use multiple phones. The justices pointed out that deleting messages or formatting a phone, in and of itself, does not constitute a criminal act. Justice Viswanathan elaborated on this point, remarking that mobile phones are private devices containing various types of personal information. He shared a personal anecdote, stating, ‘I have a habit of deleting messages in school and college groups were so many things are put,’ to highlight that such behaviour is part of ordinary human conduct and should not be automatically viewed with suspicion.
The court’s observations suggest a nuanced approach to the issue. Before offering Bail it recognised that actions like deleting messages and formatting phones are common and not inherently indicative of criminal intent. The case remains ongoing, with further evidence needed to substantiate any claims of wrongdoing.
Navigating complex legal cases involving accusations of evidence tampering requires expert legal support. Vakilsearch’s experienced legal professionals are adept at handling intricate scenarios like these, offering tailored advice and strategic defense to safeguard your interests. Our team is well-versed in addressing Bail, similar legal challenges and ensuring that your case is presented effectively in court. If you find yourself facing accusations or require guidance on managing sensitive legal issues, Vakilsearch is here to provide expert support. Our comprehensive legal services are designed to help you navigate and resolve complex legal matters with confidence.
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