Electronic Evidence: If Judgment in ‘Anvar Case’ Is Applied Retrospectively, It Would Adversely Affect Administration Of Justice: SC [Read Judgment]

A two-judge bench of the Supreme Court has discussed the effect of the three-judge bench judgment of the apex court in PVAnvar vs PK Basheer in which a two-judge bench judgment in State vs Navjot Sandhu@ Afsan Guru was overruled.The bench observed that contents of electronic records may be proved in accordance with the provisions contained in Section 65B of the Indian. Interpreting Section 65B, the three-judge bench of Justice RM Lodha, Justice Kurian Joseph and Justice Rohinton Nariman in Anvar’s case held that an electronic record is inadmissible in evidence without the certification as provided therein. A two-judge bench, while considering the question whether electronic records without 65B certificate admitted by the trial without objection from the defence can be challenged at appellate stage, observed as follows: “The interpretation of Section 65B by this Court by a judgment dated 04.08.2005 in Navjot Sandhu held the field till it was overruled on 18.09.2014 in Anvar’s case. Attempts will be made to reopen cases which have become final.” The court then explained the doctrine of ‘prospective overruling’ from the judgment in IC Golak Nath vs State of Punjab, 2 SCR 762, in which it was held that there is no acceptable reason why it could not restrict the operation of the law declared by it to the future and save transactions that were effected on the basis of earlier law.