Allahabad HC: Remote Witness Testimony Via Video Conferencing For Cases Beyond Jurisdiction

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Allahabad High Court mandated video testimony for remote witnesses in cases beyond jurisdiction. Witnesses outside court’s reach must testify via video conferencing. High Court stresses the use of technology for efficient legal processes. Remote witness testimony via video conferencing now required by Allahabad High Court.

Allahabad : The Allahabad High Court emphasized the use of video conferencing (VC) for recording evidence of prosecution witnesses located outside the court’s jurisdiction. Justice Vikram D Chauhan directed the Uttar Pradesh Director General of Police (DGP) to ensure that such witness testimony is recorded via VC.

The Court stated,

“The Senior Superintendent of Police and Superintendent of Police must submit applications to the relevant court for recording evidence via video conferencing for witnesses or government officials stationed outside the district where the cases are being heard. The Director of Prosecution is also instructed to take appropriate actions in this regard,”

The court emphasized the need for coordinated efforts among the State, Police, and Director of Prosecution to minimize the transfer of government officers between districts for evidence recording purposes.

The High Court stated,

“The infrastructure for implementing the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020, has been set up using state funds. This infrastructure is intended to benefit prosecution witnesses and private parties involved in litigation and residing outside the court’s jurisdiction,”

The High Court clarified that in specific cases, the court can require witnesses to appear in person if necessary, depending on the circumstances of each case.

It further stated,

“The court’s goal should be to utilize video conferencing for recording the testimony of prosecution witnesses situated beyond the court’s jurisdiction,”

The High Court addressing a case involving requests for directing a Ghaziabad court to use video conferencing for evidence recording. It previously expressed concern upon learning that there was no video conferencing facility in the Magistrate’s courtroom in Ghaziabad.

The Court cautioned that judicial officers could face repercussions for not permitting the use of video conferencing despite having the necessary infrastructure.

However, on April 9, the District Judge of Ghaziabad informed the Court that the video conferencing facility was indeed available in the courtroom, and instructions had been given to ensure the effective implementation of the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020.

The District Judge also pointed out that the prosecution not been requesting to present evidence via video conferencing.

After reviewing a similar report from the Central Project Coordinator regarding infrastructure availability in Ghaziabad and other courts in Uttar Pradesh, the Court observed that smaller districts utilized video conferencing more extensively for evidence gathering compared to the Ghaziabad District Court.

Justice Chauhan emphasized,

“Being part of the national capital region, Ghaziabad must take a more proactive approach in implementing the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020,”

Despite the District Judge’s statement that the prosecution not asked for evidence recording via video conferencing, the State assured the Court of its willingness to cooperate in this matter.

Consequently, the Court proceeded to instruct the Director General of Police (DGP) and district police chiefs to actively utilize video conferencing infrastructure for evidence recording purposes.

Adjourning the case until April 18, the Court stated,