Rajasthan High Court has allowed an accused’s plea for exemption from physical appearance before the trial court and permitted him to attend the proceedings, including recording of witness statements, through video conferencing, on the ground of the accused apprehending threat to security from the enemy gangs during travel.
“…it is deemed appropriate that the petitioner’s physical presence be directed by learned trial Court only when it is necessary, by recording reasons. On other hearings he shall be allowed to join proceedings through video conferencing as per VC Rules framed by Rajasthan High Court.”
The bench of Justice Arun Monga was hearing a petition against an order of the trial court by which the trial court had rejected the application of the petitioner to record his testimony through video conferencing.
The petitioner was lodged in the district jail of Kapurthala, Punjab and was brought to Hanumangarh, Rajasthan for trial by the Punjab Police under high security due to his old enmity with the local gangsters. It was the case of the petitioner that despite being under police custody and protection, he was apprehending sudden attacks from the members of the enemy or rival gangs during such travel.
The application was rejected by the trial court against which the petitioner moved to the High Court.
The Court observed that the exercise of bringing the accused from Punjab under high security was a huge financial burden on the State. Furthermore, the exercise served no practical purpose except for in cases where the identity of the accused was in dispute or his physical presence was essential for recording a particular statement.
The Court held that in such cases, the trial court could record the reasons in writing and issue necessary orders for physical appearance of the accused. However, for the rest of the hearings, proceedings could be conducted through video conferencing as per the Video Conferencing Rules framed by the Rajasthan High Court.
Accordingly, the petition was allowed.
Title: Ramandeep v State of Rajasthan
Citation: 2024 LiveLaw (Raj) 308
Click Here To Read/Download Order
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