The statement of an overseas witness can be recorded through video conferencing, as per the guidelines laid down by the court for the conduct of court proceedings between courts and remote sites.

203

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-305-2017 (O&M)

Date of Decision : 09.01.2023

Mahee Sandhu and Another

....Petitioners

VERSUS

Yadvinder Singh Sandhu and Others

....Respondents

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Kanwar Abhay Singh, Advocate for the petitioners.

Mr. Robin Dutt, Advocate for respondent Nos.1, 2, 4 and 5.

-.-

ALKA SARIN, J. (Oral)

The present revision has been filed under Article 227 of the

Constitution of India for setting aside the order dated 09.09.2016 whereby

the application for permission to record the evidence by way of video

conferencing of Rupjinder Kaur Sandhu was declined.

Learned counsel for the petitioners would contend that the

present suit has been filed by the minors through their mother Rupjinder

Kaur Sandhu, who resides in Canada, and that it would not be possible for

her to come to India to get her statement recorded and therefore she had

moved an application for recording of her statement through video

conferencing. Learned counsel for the petitioners has further referred to the

Video Conferencing guidelines for the conduct of Court Proceedings

between Courts and Remote Sites and the Video Conferencing facilities set

TRIPTI SAINI

2023.01.10 10:24

I attest to the accuracy and

integrity of this document

Chandigarh

CR-305-2017 (O&M)

-2-

up at other places in the States of Punjab, Haryana and U.T. Chandigarh to

contend that detailed guidelines have been laid down for conducting of

examination of persons who are over-seas and in such a case where the

person is overseas, the Coordinator would be an official of

Consulate/Embassy of India who shall also verify the identity of the person

to be examined.

Per contra, learned counsel for the respondent has contended

that there would be the time difference and hence it would not be possible

to get the statement recorded by way of video conferencing.

Heard.

In the present case the limited prayer is that the statement of

Rupjinder Kaur Sandhu be recorded by way of video conferencing. This

Court has laid down detailed guidelines for the conduct of Court

Proceedings between Courts and Remote Sites and the Video Conferencing

facilities set up at other places in the States of Punjab, Haryana and U.T.

Chandigarh. Guideline No.3.4(i) reads as under :

“3.4 The Co-ordinator at the remote point may be any

of the following:-

i)

Where the person to be examined is overseas, the

Co-ordinator shall be the official of Consulate/Embassy

of India, who shall also verify the identity of the person

to be examined.

xxx ”

TRIPTI SAINI

2023.01.10 10:24

I attest to the accuracy and

integrity of this document

Chandigarh

CR-305-2017 (O&M)

-3-

In view of the fact that detailed guidelines have already been

laid down, I do not see any reason to deny the petitioners’ the right to get

Rupjinder Kaur Sandhu examined by way of video conferencing.

In view of the above, the present revision petition is allowed

and the order dated 09.09.2016 is set aside. The Trial Court shall get the

statement of Rupjinder Kaur Sandhu recorded by way of video

conferencing inconsonance with the guidelines laid down by this Court.

Pending applications, if any, also stand disposed off.

January 09, 2023

(ALKA SARIN)

tripti

JUDGE

NOTE : Whether speaking/non-speaking : Speaking

Whether reportable : YES/NO

TRIPTI SAINI

2023.01.10 10:24

I attest to the accuracy and

integrity of this document

Chandigarh