Delhi HC frames rules for video conferencing

A GLANCE AT WHAT THE HC SAID:

• The Delhi HC stated that the video conferencing facilities are setup in most of the court of Delhi and will provide Courts to receive evidence and submissions.
• A court may suo moto or on application of a party direct by a reasoned order for appearance of person, making of submissions or giving of evidence.
• The Rules govern all major aspects of the Court’s functioning which includes service of summons, the examination of persons, exhibiting documents to witness or accused at a remote point, judicial remand, framing of charge, the examination of accused and proceedings under Section 164 of the CrPC.
•  The rules say that 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.
• According to rules, 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. Moreover, police officials shall appear in the uniform prescribed for police officials under the relevant statute or orders

COST OF THE CONFERENCE: 

• In criminal cases, the expenses of the video conferencing facility shall be borne by such party as directed by the Court. In civil cases, generally, the party requesting for recording evidence through video conferencing shall bear the expenses. 
• The court may also make an order as to expenses as it considers appropriate. It shall be open to the Court to waive the costs as warranted in a given situation.

PROCEDURE FOR VIDEO CONFERENCING IN CASES: 

• The identity of the person to be examined shall be confirmed by the court with assistance of a coordinator
• In civil cases the party requesting for recording statement shall confirm to the court his location and willingness to be examined by video conferencing
• In criminal cases the prosecution and defense counsel have to confirm the location and willingness to be examined by video conferencing to the court along with the place and facility of such conferencing.
• The video conferencing shall take place in court hours and the record of transcription of the statement shall be prepared.
• The soft copy of the transcription has to be digitally signed by the coordinator.
• To observe the requirement of an open court proceeding, members of the public will be allowed to view court hearings conducted through video conferencing, except proceedings ordered for reasons recorded in writing to be conducted in-camera. The court shall endeavor to make available sufficient links (consistent with available bandwidth) for accessing the proceedings.