In a positive, significant, much needed and worth emulating decision by all the High Courts in our country, the Rajasthan High Court has very rightly, remarkably and recently in its notification dated August 2, 2021 in pursuance to rule 1(i) of Rajasthan High Court Rules for Video Conferencing for Courts 2020 has notified the “Rajasthan High Court Rules for Video Conferencing for Courts 2020” which shall be applicable to the proceeding of the High Court of Judicature for Rajasthan and all the Subordinate Courts of the Rajasthan with immediate effect.
It would be in the fitness of things to first and foremost mention the general principles governing video conferencing as enunciated in Chapter II. It runs as follows: “3. General Principles Governing Video Conferencing
(i) Video conferencing facilities may be used at all stages of judicial proceedings conducted by the Court.
(ii) All proceedings conducted by a Court via video conferencing shall be judicial proceedings and all the courtesies and protocols applicable to a physical Court shall apply to these virtual proceedings. The protocol provided in Schedule I shall be adhered to for proceedings conducted by way of video conferencing.
(iii) All relevant statutory provisions applicable to judicial proceedings including provisions of the CPC, CrPC, Contempt of Courts Act, 1971, Indian Evidence Act, 1872 (abbreviated hereafter as the Evidence Act), and Information Technology Act, 2000 (abbreviated hereafter as the IT Act), shall apply to proceedings conducted by video conferencing.
(iv) Subject to maintaining independence, impartiality and credibility of judicial proceedings, and subject to such directions as the High Court may issue, Courts may adopt such technological advances as may become available from time to time.
(v) The Rules as applicable to a Court shall mutatis mutandis apply to a Commissioner appointed by the Court to record evidence and to an inquiry officer conducting an inquiry.
(vi) There shall be no unauthorised recording of the proceedings by any person or entity.
(vii) The person defined in Rule 2(xii) shall provide identity proof as recognised by the Government of India/State Government/Union Territory to the Court point coordinator via personal email. In case of identity proof not being readily available the person concerned shall furnish the following personal details: name, parentage and permanent address, as also, temporary address if any.
EXAMINATION OF PERSONS
The rules provide that where the persons, who are being examined, or the accused to be tried, is in custody, the statement, or, as the case may be, the testimony, may be recorded through video conferencing and the Court shall provide adequate opportunity to the under-trial prisoner to consult in privacy with their counsel before, during and after the video conferencing.
The Court would be at liberty to record the demeanor of the person being examined.
An audio-visual recording of the examination of the person examined shall be preserved. An encrypted master copy with hash value shall be retained as a part of the record.
Judicial remand, framing of charge, examination of accused and Proceedings under Section 164 of the CrPC
As per the rules, the Court may, at its discretion, authorize the detention of an accused, frame charges in a criminal trial under the CrPC by video conferencing. However, the rules further provide that ordinarily judicial remand in the first instance or police remand shall not be granted through video conferencing save and except in exceptional circumstances for reasons to be recorded in writing.
The Court may, the rules provide, in exceptional circumstances, for reasons to be recorded in writing, examine a witness or an accused under Section 164 of the CrPC or record the statement of the accused under Section 313 CrPC through video conferencing while observing all due precautions to ensure that the witness or the accused as the case may be is free of any form of coercion, threat or undue influence. The Court shall ensure compliance with Section 26 of the Evidence Act.
Allowing persons who are not parties to the case to view the proceedings
In order to observe the requirement of an open Court proceeding, the rules allow the members of the public to view Court hearings conducted through video conferencing, except proceedings ordered for reasons recorded in writing to be conducted in-camera.
The rules also stated that the Court shall endeavour to make available sufficient links (consistent with available bandwidth) for accessing the proceedings.
However, where, for any reason, a person unconnected with the case is present at the Remote Point, that person shall be identified by the Coordinator at the Remote Point at the start of the proceedings and the purpose of the presence of that person shall be conveyed to the Court. Such a person shall continue to remain present only if ordered so by the Court.
Requirements For Virtual Court Hearings As Mentioned In Schedule I
1. All participants shall wear sober attire consistent with the dignity of the proceedings. Advocates shall be appropriately dressed in professional attire prescribed under the Advocates Act, 1961.
2. Police officials shall appear in the uniform prescribed for police officials under the relevant statute or orders. The attire for judicial officers and court staff will be as specified in the relevant rules prescribed in that behalf by the High Court. The decision of the Presiding Judge or officer as to the dress code will be final.
3. Proceedings shall be conducted at the appointed date and time. Punctuality shall be scrupulously observed.
4. The case will be called out and appearances shall be recorded on the direction of the Court.
5. Every participant shall adhere to the courtesies and protocol that are followed in a physical Court. Judges will be addressed as “Madam/Sir” or “Your Honour”. Officers will be addressed by their designation such as “Bench Officer/Court Master”. Advocates will be addressed as “Learned Counsel/Senior Counsel”.
6. Advocates, Required Persons, parties in person and other participants shall keep their microphones muted till they are called upon to make submissions.
7. Remote Users shall ensure that their devices are free from malware.
8. Remote Users and the Coordinator at the Remote Point shall ensure that the Remote Point is situated in a quiet location, is properly secured and has sufficient internet coverage. Any unwarranted disturbance caused during video conferencing may if the Presiding Judge so directs render the proceedings non-est.
9. All participants cell phones shall remain switched off or in aeroplane mode during the proceedings.
10. All participants should endeavour to look into the camera, remain attentive and not engage in any other activity during the course of the proceedings.
It is time now to dwell upon the general procedure as enunciated in Chapter IV. This will help a lot in understanding how the procedure is conducted in video conference proceedings. It runs as follows: –
12. General Procedure
12.1 The procedure set out hereafter in this chapter is without prejudice to the procedure indicated elsewhere in these Rules qua specific instances in which proceedings are conducted via video conferencing.
12.2 The Coordinator at the Court Point shall ensure that video conferencing is conducted only through a Designated Video Conferencing Software.
However, in the event of a technical glitch during a given proceeding, the concerned Court may for reasons to be recorded permit the use of software other than the Designated Video Conferencing Software for video conferencing in that particular proceeding.
12.3 The identity of the person to be examined shall be confirmed by the Court with the assistance of the Coordinator at the Remote Point as per Rule 8.1, at the time of recording of the evidence and the same must be reflected in the order sheet of the Court.
12.4 In civil cases, parties requesting for recording statements of the person to be examined by video conferencing shall confirm to the Court, the location of the person, the willingness of such person to be examined through video conferencing and the availability of technical facilities for video conferencing at the agreed-upon time and place.
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12.5 In criminal cases, where the person to be examined is a prosecution witness or a Court witness or where a person to be examined is a defence witness, the counsel for the prosecution or defence counsel, as the case may be, shall confirm to the Court the location of the person, willingness to be examined by video conferencing and the time, place and technical facility for such video conferencing.
12.6 In case the person to be examined is an accused, the prosecution will confirm the location of the accused at the Remote Point.
12.7 Video conferencing shall ordinarily take place during the Court hours. However, the Court may pass suitable directions concerning the timing and schedule of video conferencing as the circumstances may warrant.
12.8 If the accused is in custody and not present at the Court Point, the Court will order a multi-point video conference between itself, the witness and the accused in custody to facilitate the recording of the statement of the witness (including medical or other experts). The Court shall ensure that the defence of the accused is not prejudiced in any manner and that the safeguards contained in Rule 8.3 are observed.
12.9 The Coordinator at the Remote Point shall be paid such amount as honorarium as may be directed by the Court in consultation with the parties.
Under Chapter V which deals with miscellaneous provisions, it must be mentioned in particular about the most relevant provision wherein has been very rightly provided that, “18 Power to Relax The High Court may if satisfied that the operation of any Rule is causing undue hardship, by order dispense with or relax the requirements of that Rule to such extent and subject to such conditions, as may be stipulated to deal with the case in a just and equitable manner.”
In conclusion, we have discussed here only the most relevant provisions and rules. It is really good to note that Rajasthan too has joined the club of States which have notified rules for video conferencing for courts. All states must now act similarly! It brooks no more delay anymore now!
Sanjeev Sirohi, Advocate,