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2023 Supreme(Online)(KER) 27235
HIGH COURT OF KERALA
K. Babu, J
ELSAMMA J CHALAMANA – Appellant
Versus
THE STATE OF KERALA – Respondent
Tr.P(Crl.) 21 2020
SRI.NIREESH MATHEW, SRI.S.RAJEEV S, SRI.V.VINAY(K/355/2009), SRI.M.S.ANEER(K/644/2013), SRI.SARATH K.P.(K/001467/2021), SRI.ANILKUMAR C.R.(K/001190/2020), SRI.PRERITH PHILIP JOSEPH(K/000736/2015), SRI.HAARIS MOOSA, SRI.T.J.MICHAEL, SRI.K.A.BABY
The court upheld the principle that video conferencing can be a valid means of testimony when safety concerns are evidenced, adhering to procedural frameworks.
Headnote:
Video Conferencing - Witness Examination - Electronic Video Linkage Rules (Kerala), 2021 - Rule 8(23) - The court allowed witness examination through video conferencing, interpreting provisions that permit remote testimony under specific conditions, thereby ensuring witness safety and adherence to procedural rules.
Fact of the Case:
Petitioners, witnesses in multiple criminal cases, sought transfer due to perceived threats from the accused. They requested examination via video conferencing, citing safety concerns.
Finding of the Court:
The court considered the circumstances and accepted the request for examination via video conferencing, referencing applicable rules for remote proceedings.
Issues: Whether the witness examination can be conducted through video conferencing due to safety concerns.
Ratio Decidendi: The court interpreted Rule 8(23) of the Electronic Video Linkage Rules, determining that circumstances justify the use of video conferencing for witness testimony, thereby ensuring fairness and safety.
Final Decision: The court directed that witnesses be examined via video conferencing as per the stipulated rules.
O R D E R
The petitioners in all these Transfer Petitions are the witnesses in three criminal cases, two cases pending before the Juvenile Justice Board, Idukki and one case pending before the Judicial First Class Magistrate Court, Thodupuzha.
2. The petitioners in Tr.P.(Crl) No. 11/19 are witnesses 1 and 4 in JST No.33/2018 on the file of the Juvenile Justice Board, Idukki. The petitioners in Tr.P.(Crl) No.12/19 are witness 1 to 3 in JST No.61/2017 on the file of the Juvenile Justice Board, Idukki. The petitioners in Tr.P.(Crl) No.21/2020 are witnesses 1 to 3 in C.C.No.1549/2017 on the file of the Judicial First Class Magistrate Court, Thodupuzha. The petitioners sought transfer of these cases on the ground that they face threat on the part of the accused. When the matters were taken up for hearing, both sides suggested that the examination of the petitioners may be conducted through video conferencing.
3. Rule 8(23) of the Electronic Video Linkage Rules for Court (Kerala), 2021 provides that when a Required Person is unable to reach the Court Point or the Remote Point due to sickness or physical infirmity or due to any genuine reason which the Court may decide, or the presence of the Required Person cannot be secured without undue delay or expenses, the Court may authorise the conduct of the proceedings through Electronic Video Linkage from the place where the Required Person is situated.
4. It is submitted that the petitioners are residing at Ernakulam. Having considered the entire circumstances this Court feels that a direction can be given to the Courts below to examine the petitioners through video conferencing in terms of the rules referred to above. Therefore, the Courts below are directed to take steps to examine the witnesses in terms of Rule 8(23) of the Electronic Video Linkage Rules for Court (Kerala), 2021.
These Tr.P(Crl) are disposed of as above.
Sd/-
K.BABU JUDGE VPK APPENDIX OF TR.P(CRL.) 11/2019 PETITIONER ANNEXURES ANNEXURE-I TRUE COPY OF HE CHARGE SHEET IN J.S.T.33/18 ON THE FILE OF JUVENILE COURT, IDUKKI @ THODUPUZHA ANNEXURE-II TRUE COPY OF THE JUDGMENT IN WP(C)
21954/17 DATED 26.6.2018 APPENDIX OF TR.P(CRL.) 12/2019 PETITIONER ANNEXURES ANNEXURE I TRUE COPY OF THE CHARGE SHEET IN J.S.T.61/17 ON THE FILE OF JUVENILE COURT, IDUKKI @ THODUPUZHA.
ANNEXURE II TRUE COPY OF THE JUDGMENT IN W.P.(C)
21954/17 DATED 26.6.2018.
APPENDIX OF TR.P(CRL.) 21/2020 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN F.I.R NO. 1092/2017 DATED 16/6/2017 ANNEXURE II TRUE COPY OF THE JUDGMENT DATED 26-06-
2018 IN W.P(C) NO. 21954/2017 ANNEXURE III TRUE COPY OF THE SUMMONS TO THE 1ST PETITIONER DATED 6/11/2020 ANNEXURE IV TRUE COPY OF THE PETITION DATED 15-2-
2020 GIVEN TO THE DISTRICT POLICE CHIEF WITH COPY OF C.I OF POLICE AND THE S.I OF POLICE.
