Right To Documents: SC Upholds Accused's Rights In Criminal Cases

The Supreme Court Ruled on Wednesday that all Relevant Documents that the Investigating Agency has seized should be made available to the Accused Parties at any point during the case, but especially during the bail hearing. This ruling is expected to have a big impact on Cases going forward, especially those under the Strict Prevention of Money Laundering Act, or PMLA, where the Right to a Fair Trial and Document Access are Frequently Contested issues.

The Bench, which is made up of Justices A.S. Oka, Ahsanuddin Amanullah, and Augustine George Masih, emphasized in their Remarks the Critical Importance of the 'Right to Liberty' and the need for Courts to be flexible in Resolving Bail Disputes and Bridging any Gaps between the Law and Justice.

The Supreme Court emphasised that all Information that might help secure an Accused Person's release should be made available to them. It also emphasised that regulations governing the provision of documents must be read to further the goals of Justice by providing Prisoners with a "Meaningful opportunity." The court was discussing how much Access to Records an Accused Individual has, Particularly in circumstances involving Specific Acts such as the Prevention of Money Laundering Act (PMLA).

The court deliberated on the relevance of Section 91 of the Criminal Procedure Code, which Permits Courts to Summon any Document "For the purposes of any Investigation, Inquiry, Trial or other Proceeding." This Section has since been Superseded by a similar provision in the Bharatiya Nagarik Suraksha Sanhita.

"Legal liberty is of Utmost Importance. Large Amounts of Records may Exist, but the Accused Ought to be given the chance to look through them and request copies of any relevant documents. Section 91 is Pervasive. The stage at which papers might be Summoned is not Restricted by it”, the Bench Stated.

The Enforcement Directorate's Additional Solicitor General (ASG), S.V. Raju, responded to this by stating that although access to documents shouldn't be refused, the timing of such access should be taken into account due to the particular requirements under the Prevention of Money Laundering Act and other Procedural and Criminal Laws.

The Accused's Rights under Article 21 of the Constitution, which Protects their Right to Life and Personal Liberty, may be Violated, the Court Cautioned, if they are refused access to Important papers on the basis of Procedural Grounds. ASG Raju, on his part, insisted that Document Scrutiny Might Result in a "Roving and Fishing Inquiry." He issued a Warning, saying that allowing Unfettered Access to all Relied and Unrelied papers would Impede Existing Investigations and Cause the Trial to be delayed.

The Bench, However, Remained Steadfast in its belief that the Accused should not be Denied Access to the Records Required to Present a Strong Defense, particularly during the Bail Hearing.

Author:
Aarya Kadam (News Writer) is a final-year BBA student and a creative writer with a passion for current affairs and legal judgments.