The Supreme Court has disagreed with the government’s view that the documents relied on by petitioners were inadmissible since they were stolen.A petition have been filed in the Supreme court to review its earlier refusal to order an investigation into the Rafale deal.
Supreme Court has said that the evidence obtained through illicit means can be admitted in court,unless it is explicitly proven false.The apex court relied on the judgement in the Pooran Mal case,1973.
In the Pooran Mal case judgment of December 1973,a Constitution Bench had held that evidence which might have been obtained through unlawful means was nevertheless admissible,if it was found relevant to the case.
In addition,Pooran Mal case verdict also says that India’s law of evidence is modelled on the rules of evidence that prevailed in English law.The courts in India and England have consistently refused to exclude relevant evidence merely on the ground that it is obtained through illegal means like a search or seizure.
The apex court also said that it has the power to appreciate evidence under Article 142.Article 142 of the Constitution of India empowers the Supreme court to pass any decree or order as may be necessary for doing complete justice among the parties.