Supreme Court Issues Directions For Inter-State Virtual Recording Of Evidences Of Child Witnesses In Human Trafficking Cases
The Supreme Court has issued directions for virtual recording of testimonies of child victims/witnesses of human trafficking who are required to depose in courts which are far away from the place of their residence in a different State.A bench comprising Justices L Nageswara Rao, Abdul Nazeer and Indu Malhotra passed the directions in the suo moto case "In Re : Contagion of...
The Supreme Court has issued directions for virtual recording of testimonies of child victims/witnesses of human trafficking who are required to depose in courts which are far away from the place of their residence in a different State.
A bench comprising Justices L Nageswara Rao, Abdul Nazeer and Indu Malhotra passed the directions in the suo moto case "In Re : Contagion of COVID19 Virus In Children Protection Homes".Directions issued for recording of child victims' testimonies via video conferencing
On December 1, directions were issued to the States of Assam, Bihar and West Bengal to provide the necessary infrastructure for Video Conferencing facilities to enable the recording of testimonies of children who are either victims/ witnesses in human trafficking cases.
Advocate Gaurav Agarwal, the amicus curiae appointed in the case to assist the court, submitted information to the court about the state of trial in a POCSO Case in Jaipur, in which there are four child witnesses and their parents who reside in Gaya, Bihar.
The amicus expressed satisfaction about the internet connectivity and video conferencing facilities in Gaya after participating in a trial run. The amicus also verified the availability of infrastructure at Jaipur with the assistance of Registrar General of Rajasthan High Court.
As suggested by the Amicus Curiae, the Court directed District Judge, Gaya and the Presiding Officer of POCSO Court-2, Jaipur to record the evidence of the four child witnesses and the four parents of the witnesses of the child witnesses through video conferencing. The District Judge, Gaya was directed to make available a room meant for examination of vulnerable witnesses in the court compound on the dates and time fixed by the POCSOCourt-2, Jaipur for recording the evidence of eight witnesses.
Summons was directed to be sent by POCSO Court-2, Jaipur through the process server, District and Sessions Court Gaya to the witnesses to appear before the Secretary, DLSA, Gaya on the date fixed for recording the evidence along with documents to prove their identity. The Court also appointed a retired District Judge to act as the 'remote point coordinator' to verify the identities of the witnesses.
The Presiding Officer POCSO Court-2, Jaipur was directed to ensure that the computer in the Court is placed in such a position that the witness can be seen by him,the prosecutor and the defense counsel. In case, there is a need for identification of the accused, the camera of the witness shall be switched off and the screen be turned to the accused person to enable the witness to identify him.
On completion of recording of evidence, the deposition shall be sent by POCSO Court-2, Jaipur one-mail to the Secretary, District Legal Service Authority, Gaya who shall take a print out, read it out and explain to the witnesses abut the contents.The Secretary, District Legal Service Authority shall get the deposition signed by the witnesses.
The Remote Point Coordinator was directed to put his signatures on the deposition, scan the same and send it back to the Presiding Officer POCSO Court-2, Jaipur by e-mail. In addition, the original deposition shall be sent by speed post.
Another case identified by learned Amicus Curiae for recording of evidence by video Conferencing pertains to P.S. Khajuri Khas,Delhi. In the said case, the Court Point is the Additional Sessions Court Karkardooma and the Remote Point is Sitamarhi, Bihar where the child witnesses are residing. The directions issued in respect of the case pending before the POCSO Court-2, Jaipur shall be applicable to the recording of evidence by Video Conferencing to be held by Additional Sessions Judge Karkardooma Court with the necessary modifications. The Supreme Court dispensed with the requirement of recording evidence in accordance with Delhi.
States asked to give information about child witnesses of human trafficking cases
The Supreme Court has directed the State Governments to furnish information relating to the number of child victims/witnesses of human trafficking who are required to depose in courts which are far away from the place of their residence in a different State.
Though such a direction was issued earlier on December 1 last year, the court repeated the direction on January 21, after noting that states have not furnished the information as sought.
The States which have not responded are directed to furnish the information sought for within a period of four weeks. The States which have filed their affidavits without giving particulars are also directed to file additional affidavits giving the details of the child witnesses/victims of human trafficking.
The Court also sought information from the National Crime Records Bureau regarding the child victims of human trafficking.
Click here to read/download the order