Tracking Proclaimed Offenders: ‘Obtain Social Media Details While Arresting,Keep A Vigil On The Same’-Delhi High Court

Last Updated on July 5, 2021 by Administrator

By Shrey Garg

The Single judge bench of Delhi High Court has recently given a significant judgement in the case of Sunil Tyagi v. Govt. of NCT of Delhi and Anr.

The court has laid down the guidelines which need to be followed for declaring a person as ‘Proclaimed Offenders’.

Justice J.R Midha has also asked the Delhi Police and CBI to collect the social media details of such people.

“At the time of arrest or soon thereafter, the police shall collect the photograph, mobile and landline number, email ID, all Social Networking accounts like Facebook, Instagram, LinkedIn, Twitter and IT Communication tools and copies of at least two documents namely Aadhar Card, Passport, PAN Card, Bank Account, Credit card, Ration card, Electricity bill, Landline telephone bill, Voter I.D. Card, Driving Licence from the accused,” said the judge.

The court has also taken into consideration that there are hurdles in early tracing and detection of proclaimed offenders and in taking legal action as well and therefore has observed that accurate personal identification details like e-mail ID, mobile number, landline number etc., and Social Media accounts if any, like Facebook, WhatsApp etc are needed to further the ends of justice.

For improving the process of execution of proclamations the court has ordered to include new- age communication tools in the arrest memo prepared by the police.

The court has also allowed the investigative agencies like Digital Surveillance Team of Delhi Police and CBI to keep a check on social media portals like Facebook, WhatsApp, LinkedIn, and Twitter, etc.

The court has also proposed to constitute a 10-member high power committee to oversee the implementation of the guidelines opined by the court.