Case Note & Summary
The petitioner, Pratim @ Peter Mukherjea, accused No.8 in Special Case No.9 of 2016 arising from the Sheena Bora murder case, filed a writ petition challenging the order dated 20.9.2017 passed by the learned Special Judge (CBI), Mumbai, dismissing his application under Section 91 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner sought production of call data records (CDRs) of the victim Sheena Bora and co-accused Indrani Mukherjee and Sanjeev Khanna for the period from 1.1.2012 to 31.8.2012, claiming that these records would demonstrate that Sheena Bora was alive after the alleged date of her murder in April 2012. The prosecution had filed a chargesheet on 19.11.2015 against three accused, and the petitioner was subsequently added as accused No.8. The Special Judge rejected the application on the ground that the CDRs were not relied upon by the prosecution and the petitioner had not shown their necessity for a fair trial. The High Court, after hearing arguments, upheld the rejection. The Court held that Section 91 CrPC does not confer an unfettered right on the accused to seek production of any document at the pre-trial stage; the accused must demonstrate that the documents are essential for a fair trial and that the prosecution's failure to produce them would prejudice the defence. The Court noted that the petitioner had already been provided with copies of statements of witnesses and other documents, and the CDRs sought were not part of the chargesheet. The Court observed that mere speculation or fishing inquiry is not sufficient to invoke Section 91 CrPC. The Court also noted that the petitioner could seek production of these documents during the trial if necessary. The petition was dismissed.
Headnote
A) Criminal Procedure - Pre-Trial Production of Documents - Section 91 CrPC - Accused's Right to Seek Documents - The petitioner, accused No.8 in a murder case, sought call data records of the victim and co-accused under Section 91 CrPC. The Special Judge rejected the application on the ground that the documents were not relied upon by the prosecution and the accused had not shown their necessity for a fair trial. The High Court upheld the rejection, holding that Section 91 CrPC does not confer an unfettered right on the accused to seek production of any document at the pre-trial stage; the accused must demonstrate that the documents are essential for a fair trial and that the prosecution's failure to produce them would prejudice the defence. (Paras 1-16) B) Criminal Procedure - Call Data Records - Relevance and Necessity - Section 91 CrPC - The petitioner argued that CDRs would show that the victim was alive after the alleged date of murder. The Court noted that the prosecution had already provided the petitioner with copies of statements of witnesses and other documents. The CDRs sought were not part of the chargesheet and the petitioner failed to establish their relevance or necessity. The Court held that mere speculation or fishing inquiry is not sufficient to invoke Section 91 CrPC. (Paras 10-16) C) Criminal Procedure - Right to Fair Trial - Pre-Trial Stage - Section 91 CrPC - The Court observed that the right to a fair trial includes the right to access relevant documents, but this right is not absolute at the pre-trial stage. The accused must wait for the trial to commence and then seek production of documents if necessary. The Court distinguished between documents that are part of the prosecution's case and those that are not; the latter cannot be demanded as a matter of right before trial. (Paras 12-16)
Issue of Consideration
Whether the petitioner, an accused in a murder case, is entitled to seek production of call data records (CDRs) of the victim and other accused under Section 91 of the Code of Criminal Procedure, 1973 at the pre-trial stage, when the prosecution has not relied upon those documents.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Special Judge rejecting the application under Section 91 CrPC.
Law Points
- Section 91 CrPC
- Right to Fair Trial
- Pre-Trial Production of Documents
- Call Data Records
- Relevance and Necessity
