A local court has acquitted 25-year-old Gulamhussain Sheikh, who was charged under the Official Secrets Act (OSA) for allegedly recording a video at the Vatva police station in 2019. Sheikh had filmed locals presenting a representation at the station, leading to the seizure of his mobile phone and the registration of an FIR under Section 7 of the OSA and Section 120 of the Gujarat Police Act.
The court ruled that the charges under the OSA were invalid, stating that a police station does not qualify as a “prohibited place” under the Act. In its order, the court observed, “Though the definition of prohibited place is exhaustive, it does not include the police station as one of the places or establishments so as to attract the offence under Section 7 of the Act.”
The court also highlighted procedural lapses in the case, including the absence of a formal complaint by a competent authority and a lack of forensic certification for the video evidence. Additionally, Sheikh was acquitted under the Gujarat Police Act, as the FIR was deemed invalid for the non-cognisable offence it cited.
This ruling underscores the need for clarity in the application of laws like the OSA and adherence to due process in investigations. Sheikh’s acquittal is expected to raise questions about the handling of similar cases in the future.
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