Police can't serve accused notice via WhatsApp, other electronic means: SC
New Delhi (PTI): The Supreme Court has said police cannot serve notices to accused persons through WhatsApp or other electronic modes under the Criminal Procedure Code or Bhartiya Nagrik Suraksha Sanhita, 2023.
A bench of Justices M M Sundresh and Rajesh Bindal directed all states and union territories (UT) to issue appropriate directions to police for issuing notices under Section 41A of CrPC, 1973 or Section 35 of BNSS, 2023 only through the mode of service permitted under the law.
"All the states/UTs must issue a standing order to their respective police machinery to issue notices under Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023," the bench said on January 21.
The top court went on, "It is made amply clear that service of notice through WhatsApp or other electronic modes cannot be considered or recognised as an alternative or substitute to the mode of service recognised and prescribed under the CrPC, 1973/BNSS, 2023."
The direction came when the court accepted a suggestion by senior advocate Sidharth Luthra, appointed amicus curiae in the matter.
Luthra flagged instances where a notice under Section 41-A of CrPC, 1973 was sent through WhatsApp, but the accused did not appear before the investigating officer.
He said the police machinery must not circumvent the mandate of Section 41-A of CrPC, 1973 or Section 35 of BNSS, 2023 by serving notices via WhatsApp or other electronic modes, instead of following the normal mode of service.
The court passed the directions in the case of Satender Kumar Antil.
The bench further directed all high courts to hold its respective committee meetings to ensure both its past and present decisions were implemented on a monthly basis "at all levels" and monthly compliance reports were submitted by the authorities concerned.
The apex court directed the registrar generals of high courts and chief secretaries of all the states and UTs to ensure compliance within three weeks.
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Kejriwal responds to EC, says water received from Haryana 'extremely poisonous' for human health
New Delhi (PTI): AAP chief Arvind Kejriwal on Wednesday responded to the Election Commission notice over his claim the Haryana government was "mixing poison" in Yamuna, and said raw water received from the BJP-ruled state in the recent past has been "highly contaminated and extremely poisonous" for human health.
In the 14-page reply to the Election Commission, the former Delhi chief minister said if such "toxic water" is allowed to be consumed by human population it would lead to grave health hazard and fatality.
Kejriwal said he only wanted to highlight the "urgent public health crisis" due to the quality of drinking water in the city, and he violated no law or Model Code of Conduct, hence the issue should be closed.
He said the "alleged statements" attributed to him were made as it was his public duty to red flag the "severe toxicity and contamination" of raw water received from the BJP-ruled state.
Following a complaint filed by the BJP over the matter, the Election Commission issued the notice to Kejriwal on Tuesday, giving him time till Wednesday 8 pm to furnish his reply.
Kejriwal also said the ammonia level in raw water received from Haryana was so "extreme" that water treatment plants in Delhi are unable to process and bring it down to safe and permissible limits for human consumption.
Following their party chief's response, the AAP issued a statement, saying, "It is an undisputed fact that there is 7 ppm ammonia in Yamuna water, A Delhi Jal Board CEO letter admits toxicity is 700 percent higher than the permissible limit."
In his response to the EC, Kejriwal also alleged that Haryana's "failure" in controlling pollution in Yamuna has resulted in an "unprecedented public health crisis" in Delhi. He alleged "indiscriminate" discharge of industrial waste in the river by the state.
The AAP supremo said Haryana is an upper-riparian state and Delhi, ruled by his party, has no role to play in the high level of toxic water being made available to the city.
"Due to such high level of toxic content in the raw water supplied by Haryana, the water treatment plants in Delhi are operating below capacity and there is a shortage of treated water in Delhi," he claimed.
Saying that access to clean water is a basic human right, the AAP chief asserted that raising this critical issue cannot be considered an offence.
"The said statement by no stretch of the imagination can be termed inciting enmity between different groups or prejudicial to national integration," he said.
On the contrary, the substance and purpose of these statements are rooted solely in the public interest, aimed at highlighting a legitimate civic concern that requires urgent institutional intervention, he asserted.
He requested the EC to intervene in the matter and issue appropriate directions to Haryana so safe water is made available to the people of Delhi.
