Delhi Police constable Arvind Dabas, arrested along with three others in Arun Jaitley phone tapping case, was today denied bail by a court here which said he had "impinged" upon the right to privacy of various persons and had attacked their fundamental rights of life and liberty.
Chief Metropolitan Magistrate (CMM) Amit Bansal dismissed his bail plea observing that the allegations levelled against Dabas are "very serious" and if he is granted the relief, he might misuse the liberty by tampering with the evidence.
"The allegations against the applicant are very serious in nature. The present applicant, in a deliberate manner and in conspiracy with other co-accused persons, impinged upon the right to privacy of various persons thereby attacking their fundamental rights of life and liberty as enshrined under the Article 21 of the Constitution of India," the CMM said.
"It has been stated that the investigation is at a very initial stage and role of various other persons is yet to be ascertained. Keeping in view the modus operandi of committing the offence and the evidence involved, it also seems that the applicant may misuse the liberty of bail by tampering with the evidence," the court said.
Dabas was arrested on February 14 for allegedly trying to access Jaitley's call details. According to police, Dabas had used the official email ID of an Assistant Commissioner of Police (ACP) to send a request to a mobile service provider for the call detail records (CDRs) of the senior BJP leader.
The police, while opposing Dabas' bail plea, had told the court that during the ongoing probe, it has come to light that call detail records (CDRs) of 30 other persons have also been collected by the four arrested accused and in most of the cases, the internet protocol (IP) address of Dabas was used.
Besides Dabas, three private detectives -- Anurag, who is alleged to be the main conspirator, Neeraj and Nitish -- have also been arrested and all of them are in judicial custody till March 20. (More) PTI ABA RKS VMN 03121917 NNNN
COURT-LD JAITLEY 2 ZCZC PRI GEN LGL NAT .NEWDEL DEL102 COURT-LD JAITLEY 2
During the arguments on the bail plea, the Special Cell of Delhi Police had argued that password of the official email ID of the ACP was taken unauthorisedly by Dabas at the time when he was posted in special staff and he had collected the CDRs in some cases while he had also attempted to get more records which only the authorised person could have collected.
The police had said that the four accused had induced the telecom service providers to provide CDRs of various persons, including Jaitley, to them and they, in an organised manner, have impinged upon and attacked the personal liberty of a sitting MP and others.
It had also argued that, "The incident of taking CDRs of Jaitley by the accused persons is not a single incident and during investigation it has come to light that so far the CDRs of various other persons have also been unauthorisedly procured by the accused persons."
The investigating officer (IO) had said that the offences punishable under sections 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) of the IPC had already been added by him against the accused.
The court, in its 12-page order, also observed that it seems that offence of forgery is made out against the accused.
Advocate Naushad Ahmad Khan, who appeared for Dabas, had argued that there was no direct evidence to book his client under section 420 (cheating) of the IPC and the offences he had been charged with by the police were bailable.
Khan had said that the fresh sections of the IPC were added on the accused only to make the offence non-bailable and that Dabas was not a computer expert.
He had also argued that the ACP was an aggrieved party in this case and FIR should have been registered at his behest whereas it was lodged by an inspector. PTI ABA RKS VMN 03121929 NNNN