Justice Bhambhani explained the problems that hinder a fair trial in the country and spoke on the media pressure, the role of investigating agencies and legal aid.
He flagged the issue of investigating agencies seizing electronic documents, servers and computer systems and selectively presenting them as evidence. There has to be something that needs to be done with regards to this, he stressed.
“In a lot of investigations happening now in financial crimes, the Investigating Officers raid offices, pick up electronic records wholesale, and walk away with servers, computer systems. They neither leave copies nor make clones and out of the 10,000 emails, they will produce five before the court and say ‘look this man is guilty’,” Justice Anup Bhambhani.
Speaking on the issue of right to silence, Justice Bhambhani said that a line needs to be drawn between cooperation in the investigation and confession.
Source: Barandbench
