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Remaining silent during an investigation is a fundamental right: Telangana HC [Read Judgment]

By Mahima Katal      02 April, 2024 04:10 PM      0 Comments
Remaining silent during an investigation is a fundamental right Telangana HC

Hyderabad, Telangana : An individual’s right to remain silent is a fundamental right and no one can be forced to incriminate oneself, the Telangana High Court has ruled.  

The order was passed by a Division Bench of Justice K. Lakshman and Justice K. Sujana in a criminal appeal filed by a member of the Popular Front Of India (PFI) undergoing criminal prosecution, whose remand order was extended by a period of 5 days.

“It is relevant to note that with regard to the contention of the respondent/Investigating Agency that during interrogation the appellant could not give satisfactory reply towards the transactions and he was silent, it is apt to note that to remain silent during the investigation is a fundamental right guaranteed to the appellant/A.31 as per Article 20(3) of the Constitution of India,” Telangana High Court said.

Notably, the National Investigating Agency arrested the accused/petitioner on 13th June 2023, on the 14th, the accused was sent to judicial custody, and on the 4th of July, the investigating authority was given permission for police custody, and the petitioner was remanded for a period of 5 days.

The Investigating Officer in the said crime had filed another application on 01.09.2023 seeking custody of the appellant for a further period of five days on the ground that the appellant was thoroughly interrogated during the police custody wherein he was confronted with his banking transactions with other associates and Popular Front of India (PFI) and his links with other accused persons in the case.

However, the accused could not give a satisfactory reply towards the same and an investigation in the said case is under progress.

 

[Read Judgment] 



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