Delhi Court Allows Recording Of Evidence Through VC Mode In Compliance With Delhi High Court Video Conferencing Rules

A Delhi Court has recently allowed recording of evidence through videoconferencing mode on a mutual application moved on behalf of the parties.

Stating that the aforesaid exercise will be done in accordance with the videoconferencing Rules framed by the Delhi High Court, Metropolitan Magistrate Devanshu Sajlan ordered thus:

"The present matter is a '5-year-old'matter. Both the parties have shown mutual willingness in recording of evidence through VC. Accordingly, the mutual oral application moved on behalf of the parties is allowed."

The Court has directed that an audio-visual recording of the examination of the complainant shall be preserved. Additionally, an encrypted master copy with hash value is also directed to be retained as a part of the record.

"The evidence shall be transcribed through the mode of 'screen sharing option' on Cisco Webex, so that both the parties and their counsels can follow/ read the transcription in real time," the Court has directed.

While observing that all endeavours shall be made to record evidence through VC, the Court has directed that in the event of disruption during the recording of evidence, the exercise may be adjourned if it appears that the witness or complainant is deliberately disconnecting his internet connection.

".. the court is cognizant of the fact that internet connectivity issues can be taken as an excuse for not answering questions put by the learned counsel to the witness and to indulge in witness prompting," the Court reasoned.

Other directions are as follows:

-Upon conclusion of the transcription of the cross-examination of the complainant, the complainant shall be provided with a soft copy of the transcript (bearing the digital signature of the undersigned court) through the official email-id of the court, and the complainant shall be required to affix his signature on the transcript after taking a print-out of the same.

-After affixing his signature on the printed copy of the transcript, the complainant shall be required to send a scanned copy of the same on the official email-id of the court. 

-Due to the present situation of COVID-19 pandemic, both the parties are in agreement that it is not advisable to depute a 'coordinator' at the place from where the complainant shall appear for recording of his evidence.

-However, in order to prevent unnecessary tutoring or prompting, learned counsel for the complainant has submitted that he shall ensure that the complainant appears for recording of his evidence through VC from his home; and not from the office premises/ chamber of the learned counsel for the complainant.

-The complainant shall not use mobile phone/ any communication device while his evidence is being recorded.

-Further, the complainant shall ensure that he has a proper internet connection so that there are no disruptions while recording of his evidence.

The Delhi High Court as well as the District Courts have been hearing urgent matters via Videoconferencing mode in the wake of covid 19 pandemic.

Case Title: Kanwal Nain Singh Mokha v. Rekha Khurana

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