Dubai resident’s identity used to obtain SIM to upload nude video

NT Correspondent

Bengaluru: A woman who has been accused by the East Cyber Economic and Narcotics (CEN) police for allegedly uploading a nude video online has approached the High Court stating that she has been living in Dubai for the last 13 years and someone else had misused her identity to obtain a SIM card for committing the crime.

The High Court however refused to quash the case against her stating that her name being mentioned in the FIR does not make her the culprit and she is only a suspected accused. She has to appear for the investigation and provide details to let the police to file the charge-sheet against the real perpetrators of the crime. Hajeera Asma’s was heard by Justice K Natarajan.

She has been charged under Sections 67 and 67(B) of the Information Technology Act for allegedly uploading a nude video on the Internet. The FIR was filed by the CEN police on January 16, 2021 naming Asma as the accused after obtaining details from the mobile service providers. The SIM card used for uploading the nude photo was in the name of Asma with a Bengaluru address.

In the meantime, another accused Mohammed Taha obtained anticipatory bail in the case. Asma contended before the HC that she had been residing in Dubai for the last 13 years and “if somebody used the phone and purchased the SIM card in her name then she is not responsible for the same.” It was also claimed that the original complaint was against another person named Midula S / o Muralidharan.

The Government advocate argued that the mention of the name Midula in the complaint was a “mistake committed by the Police during the cut and paste method in the computer.” The two were completely different cases. He argued that Asma was “very much required for investigation to confir m whether the SIM card obtained by her or not or she has purchased or given to some other person or not which has to be investigated.”

The HC in its judgment dismissed the petition by Asma stating, “Merely the name of the petitioner appeared in the FIR, that itself cannot be construed as she is the main culprit, but, she is only a suspected accused. Therefore, the police are at liberty to file a charge-sheet against the original/actual accused persons. Therefore, the presence of this petitioner is required for the purpose of investigation.” The HC said that she should appear for investigation to clear her name.