Video conferencing in criminal trials is legally permissible, enhancing access to justice while reducing procedural burdens and ensuring fair trial rights.

ORDER :

FARJAND ALI, J.

1. The instant criminal writ petition has been instituted under Article 226 of the Constitution of India by the petitioners, inter alia, seeking indulgence of this Court for issuance of appropriate directions permitting them to attend and participate in all criminal trials pending against them through the mode of video conferencing.

2. The petitioners, who are stated to be connected with certain business entities including Nexa Evergreen Energy, are facing more than 100 FIRs registered in different districts of Rajasthan in relation to alleged investment and real estate transactions. Some matters have culminated in charge-sheets and trials are underway, while others remain under investigation. Owing to successive arrests, police custody in multiple cases, and the multiplicity of proceedings in different jurisdictions, the petitioners submit that their physical attendance in each trial is causing grave hardship and serious prejudice, necessitating indulgence of this Court.

3. Heard learned counsel appearing on behalf of the petitioners as well as learned Deputy Government Advocate and perused the material available on record.

4. Before adverting to the practical difficulties that may arise in cases where an accused is implicated in hundreds of FIRs, this Court deems it appropriate to first examine the statutory framework governing appearance through video conferencing. The Video Conferencing Rules, notified vide G.S.R. 311 dated 13th May, 2021 (hereinafter to be referred as “VC Rules”), lay down comprehensive provisions regulating the conduct of proceedings through virtual mode. The said Rules, inter alia, prescribe the general principles governing video conferencing and also delineate the procedure relating to applications for appearance, recording of evidence, and submissions through video conferencing. For ready reference and proper appreciation, the relevant provisions are reproduced hereinbelow:-

3. General Principles Governing Video Conferencing

(i) Video conferencing facilities may be be used at all stages of judicial proceedings and proceedings conducted by the Court.

(ii) All proceedings conducted a Court by way of video conferencing shall be judicial proceedings and all the courtesies and protocols applicable to a physical Court shall 4 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 identity proof is not readily available the person concerned shall furn