High court asks Tihar to consider Balwa’s plea for iPad

June 8th, 2011 - 9:45 pm ICT by IANS  

New Delhi, June 8 (IANS) The Delhi High Court Wednesday asked Tihar Jail authorities to look into a request from 2G spectrum allocation scam accused Asif Balwa, who is in judicial custody, to use an iPad in prison.

Justice S. Ravindra Bhat said: “Let the Tihar Jail authorities decide about the use of iPad. The accused shall produce the device before Tihar (officials) and if they permit then only the accused will be allowed to use it.”

“The device can only be allowed if it is not used for communication purpose,” said Justice Bhat, disposing of Balwa’s application.

Balwa wanted the iPad to store and read the nearly 80,000-page CBI charge sheet and related documents filed against him.

The court last month took note of the prison authorities’ recommendation refusing iPad access to Balwa and said: “An iPad cannot be allowed to be used as the report states all the software installed in it may not be disabled. So, the accused can take advantage of it.”

The court allowed Balwa to suggest an alternative device - that cannot be used for communication - and serves only as a reading device.

The Central Bureau of Investigation (CBI) opposed Balwa’s plea, saying that there may be 80,000 pages but the relevant pages were only around 5,000.

“If they are allowed to use any electronic device, they may use it for any other purpose,” said CBI Special Public Prosecutor U.U. Lalit.

Balwa May 24 sought the court’s permission to keep an iPad in his jail cell at his own expense. “Due to voluminous documentation filed by the investigation agency, we are unable to keep copies of the entire charge sheet,” 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.

In related developments, Cineyug Films’ founder and an accused in the case Karim Morani was presented before a special CBI court here late as he was taken to hospital for check-up.

Swan Telecom promoter Shahid Usman Balwa moved an application before the trial court seeking permission to attend an extraordinary general meeting of his joint venture company June 15 in Mumbai.

Special Judge O.P. Saini sought the CBI’s reply on Shahid Usman Balwa by Thursday.

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