Former Chandigarh MP Kirron Kher has requested to record her statement via video conferencing in court due to ongoing chemotherapy treatments for cancer. The hearing against Chandigarh-based businessman Chaittnya Aggarwal is set for June 12.
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Chandigarh: Former Chandigarh MP Kirron Kher has filed an application in the Chandigarh district court to record her statement via video conferencing. Citing medical reasons, specifically her ongoing chemotherapy treatments for cancer, Kher has expressed her inability to appear in person for the proceedings against Chandigarh-based businessman Chaittnya Aggarwal.
The court hearing is scheduled for June 12.
Aggarwal faces charges under an FIR registered on December 16, 2023, including sections of cheating and criminal breach of trust under the Indian Penal Code (IPC). Kher has accused Aggarwal of defrauding her of Rs 6 crore out of the Rs 8 crore she entrusted to him for investment purposes.
Background
The FIR filed by Kher alleges that Aggarwal, a prominent businessman, failed to honor the investment agreement, resulting in significant financial losses.
Kher’s complaint states-
“Aggarwal defrauded me of Rs.6 crore out of the Rs.8 crore I entrusted to him for investment.”
In recent developments, the Chandigarh Police have submitted a cancellation report regarding the charges against Aggarwal. This report suggests that there may not be sufficient evidence to proceed with the prosecution. In her application to the court of Rahul Garg, Additional Chief Judicial Magistrate, Kher’s counsel mentioned her medical condition as the primary reason for seeking to record her statement remotely.
Kirron Kher, through her legal representative, highlighted her ongoing medical treatments as a significant impediment to her physical appearance in court.
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The application states-
“I am unable to attend the court proceedings in person due to my ongoing chemotherapy treatments for cancer.”
Kher further mentioned in her application that she agrees with the cancellation report filed by the Chandigarh Police and does not wish to continue with the case against Aggarwal.
The application elaborates-
“I agree with the cancellation report and do not wish to pursue further action against the accused.”
The acceptance of Kher’s request for video conferencing will set a precedent for accommodating individuals undergoing severe medical treatments. This move also underscores the growing adoption of digital technologies in the judicial process, especially in light of the COVID-19 pandemic, which accelerated the use of virtual hearings.
The scheduled hearing on June 12 will determine whether the court accepts Kher’s application for recording her statement via video conferencing. If granted, it would facilitate her participation without compromising her health. This case also brings to light the critical need for the judicial system to consider the health and well-being of individuals involved in legal proceedings.
The court has permitted the complainant, Ms. Kher, to record her testimony via video conference due to her ongoing treatment for cancer. This decision was influenced by her medical condition and the amicable settlement reached between the parties involved.
Kher’s application noted that the current matter has been amicably resolved with the accused, who has returned the entire outstanding amount. Consequently, “nothing is due against him” and she does not wish to pursue the matter further.
Citing her medical condition, Kher explained the necessity of recording her statement through video conferencing. She stated that she is unable to physically appear before the court because she is suffering from a chronic disease, specifically cancer, and is “undergoing chemotherapies” at Fortis Hospital in Mohali. This treatment has significantly deteriorated her health, and her doctors have advised her to avoid going outside and to rest in order to recover from the disease.
Kher’s application referred to orders from the Supreme Court and the Punjab and Haryana High Court, which state that evidence from any party involved in legal proceedings can be recorded via video conference if deemed appropriate. Through her counsel, Kher argued that this case is a suitable instance for such a provision as she is unable to attend the court physically.
“Allowing this application and permitting the complainant (Kher) to record her statement via video conferencing, given her agreement with the prosecution’s cancellation report, will not prejudice the accused or the prosecution.”
-Kher mentioned in her application.
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The court acknowledged the precedent set by the apex court and the Punjab and Haryana High Court regarding video conference testimony. It was concluded that allowing Kher to give her statement virtually would not harm the legal proceedings or the interests of the accused and the prosecution.
