The Kerala High Court has emphasized that the accused has the right to view all digital documents provided by the prosecution, unless these documents violate the victim’s privacy.

The Kerala High Court has ruled that all accused individuals have the right to access documents provided by the prosecution in a criminal case, unless it violates the victim’s privacy. This decision came during a Criminal Revision Petition where the Petitioner sought to overturn a trial court’s decision that denied him access to certain CCTV footage from his own home. The Special Public Prosecutor for the state argued that the original CCTV footage was already with the Petitioner. The key issue for the High Court was whether the trial court was right to deny the Petitioner access to the CCTV footage, which was part of the prosecution’s evidence, and whether this access was essential for a fair trial.

Justice A. Badharudeen, sitting alone, stated, “The accused has a fundamental right to defend themselves, which includes access to documents, except when they invade the victim’s privacy, as established in Gopalkrishnan alias Dileep v. State of Kerala.” Advocate Reshmi Nandanan represented the Petitioner, while Senior Public Prosecutor Renjit Geogre represented the State of Kerala. The Court noted that the Special Judge had determined that the incident in question occurred outside the CCTV camera’s coverage area, making the examination of the pen drive with the footage unnecessary. The Court emphasized that denying access to documents would lead to an unfair trial.

It was also noted that the admissibility of the CCTV footage on the pen drive, without a certificate under Section 65B of the Evidence Act, should be evaluated by the Special Judge based on legal standards. The Court concluded that the Special Judge’s decision to deny access was not justified and required intervention. Consequently, the Court overturned the Trial Court’s Order.

Cause Title: Aji v. State of Kerala [CRL.REV.PET 1218 of 2024]