2G scam: Asif Balwa’s request for iPad refused (Lead)
May 27th, 2011 - 3:30 pm ICT by IANSNew Delhi, May 27 (IANS) The Delhi High Court Friday refused a request from 2G scam accused Asif Balwa for an iPad, taking note of the report from Tihar jail - where he is lodged - to say that he could take undue advantage of it.
Justice S. Muralidhar, after going through the notes submitted by the prison authorities recommending refusal to allow iPad access, said: “iPad cannot be allowed as the report states all the software installed in it may not be made disabled. So the accused can take advantage of it.”
However, the court allowed Balwa to suggest an alternative device that cannot be used for communication and only as a reading device.
Justice Muralidhar also made the Central Bureau of Investigation (CBI) party to case upon request by the Delhi government and issued notice to the investigating agency. The court kept the petition pending till the time Asif comes up with an alternative device.
Balwa wanted the iPad to read the nearly 80,000 page chargesheet and related documents filed against him.
The court had earlier directed the Tihar jail authorities to explore all possible options, keeping in mind the security aspect.
But the report of the Tihar authorities said: “For accessing the internet on the iPad all you need is a pre-activated SIM card, which can be easily brought inside the jail in eatables, shoes and other items, so disabling the same won’t solve any purpose.”
Balwa had May 24 sought the Delhi High Court’s permission to keep an iPad in his cell at his own expense. “Due to voluminous documentation filed by the investigation agency, we are unable to keep copies of the entire chargesheet,” said his application.
“This lack of access to the material is causing grave prejudice and is against my constitutionally protected right to free and fair trial,” it said.
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Tags: cbi, central bureau of investigation, delhi government, delhi high court, eatables, investigating agency, investigation agency, ipad, jail authorities, may 24, New Delhi, page chargesheet, petition, prejudice, prison authorities, reading device, security aspect, shoes, sim card, tihar jail