New Delhi [India], October 11 (ANI): A Delhi Court has allowed the prosecution's application permitting online deposition of Nodal officers of WhatsApp LLC, Google LLC, Gmail from the USA and Bumble Group from the United Kingdom.
They have been made witnesses by Delhi Police in connection with the Shraddha Walkar Murder case. Aaftab Amin Poonawala is facing trial in this case. The trial is close to the conclusion.
Additional Sessions Judge (ASJ) Hargurvarinder Singh Jaggi on Saturday allowed the application moved by Delhi Police.
"Having considered the application and given that these witnesses reside abroad, securing their physical attendance before this Court would entail undue delay and exorbitant expense. In the interest of an expeditious trial and justice, the application moved by the prosecution is allowed," ASJ Jaggi ordered on Saturday.
The court directed the forward of the order copy to the Consulate General of India, High Commission of India, Joint Secretary, CPV (Consular, Passport and Visa) Division, Ministry of External Affairs (MEA) and Nodal Authority, Ministry of Home Affairs (MHA), for information and necessary compliance.
The prosecution sought to examine the foreign nodal officers who are required to tender evidence by way of affidavits under Section 296 of the Code of Criminal Procedure, 1973 (CrPC) and corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
These witnesses are Adrian Silvera, Nodal Officer, WhatsApp LLC and Meta Platforms, Inc., residing at 1 Hacker Way, Menlo Park, California, USA; Shelby Smith, Nodal Officer, Google LLC, based in Austin, Texas, USA; Arti Sheth, Nodal Officer for Google (Gmail), whose office is at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA; and Luke Mitsi, Nodal Officer and Law Enforcement Operations Manager, Bumble Group, whose office is at 2 Sheraton Street, London, United Kingdom.
The Court allowed the application with certain directions, including that the Court Point shall be the video conferencing (VC) courtroom, South District, Saket Courts Complex, Delhi, India.
The court also directed that the Remote Point for each summoned witness shall be the nearest Indian Embassy or High Commission corresponding to the given residential/official address of the witness.
It is also further directed that an official designated by the respective Indian Embassy, High Commission, or Consulate General shall act as the Remote Point Coordinator. The investigating officer of the case, namely, Inspector Ram Singh, is authorised to act as a liaison officer to ensure that all permissions and authorisations are processed through proper channels in a time-bound manner.
The court has made it clear that the testimony of the witnesses shall be recorded at the rate of one witness per day, commencing from December 01, 2026 onwards.
The Court Point Coordinator shall draw up the specific date sheet in coordination with the Remote Point Coordinators, learned Special Public Prosecutor (SPP) and defence counsel, the court said.
SPP Madhukar Pandey is appearing for Delhi police.
The court ordered that all process/summons shall be served upon the witnesses through the Ministry of Home Affairs/Ministry of External Affairs in accordance with the law, alongside the prevailing Comprehensive Guidelines for investigation abroad and issue of Letters Rogatory (LRs) or Mutual Legal Assistance (MLA) Request and Service of Summons, as mandated by Rule 9(5) and Rule 12.
The court also clarified that the summons shall explicitly specify the venue of the Remote Point, date, time, and requirement of identity proof. All parties must keep in mind the difference of time zones and plan accordingly.
Advocate Akshay Bhandari, along with Megha Saroa, is representing the accused, Poonawala. Advocate Seema Kushwaha is representing the complainant. (ANI)
Shraddha Walkar Murder case: Delhi Court permits deposition of Nodal officers of Google, WhatsApp, Bumble online from USA, UK
