Sexual assault case: MLA Rahul Mamkootathil moves Kerala HC against order to provide mobile phone passcodes

Kochi: Palakkad MLA Rahul Mamkootathil has filed a petition before high court seeking to quash an order of a magistrate court directing him to provide the passcodes of his mobile phones seized in connection with a sexual assault case against him.Justice C Jayachandran on Thursday sought instructions from the state govt on the petition and adjourned the plea to March 3. While arresting the petitioner in connection with the case, police had seized two personal mobile phones belonging to him and sent them to the central forensic science laboratory for forensic examination. However, the data could not be accessed as the phones are protected by passcodes. Accordingly, the investigating officer approached the judicial first-class magistrate court, Thiruvalla, seeking a direction to Mamkootathil to provide the passcodes, and the court passed an order to that effect.
Challenging this order dated Feb 21, Mamkootathil filed the petition before HC, contending that the court below did not consider the constitutional objections raised by him. According to him, compelling an accused to provide the passcodes of his mobile phones violates Article 20(3) of the Constitution of India, which protects an accused from being compelled to be a witness against himself, and Article 21, which guarantees the fundamental right to privacy. He further contended that the mobile phones contain extensive personal and private data unrelated to the alleged offence.He also expressed his willingness in the petition to cooperate with the investigation, provided adequate safeguards are ensured, including access to the devices in his presence and protection of unrelated personal data.