Investigation Agencies Must Endeavour To Produce Accused Via Video Conferencing Whenever Possible : Supreme Court

A bench comprising Justice AM Khanwilkar and Justice CT Ravikumar, however, found force in petitioner's submission that wherever and whenever production of accused via virtual conferencing is permissible and possible, the investigation agencies must endeavour to do so.

The Bench has given liberty to the petitioner to raise this issue before the High Court and has left it open to the Madras High Court to pass appropriate orders in future cases.

The Bench was hearing a special leave petition challenging Madras High Court's 17th May order extending all the remand orders and interim orders till June 30th in wake of Covid 19 pandemic.

The Bench recorded, " The special leave petition assails orders passed by Madras High Court including the order dated 17 May, 2021. The limited grievance that needs to be placed on record is that the High Court passed a general order, effect whereof is to permit the investigating agencies not to produce accused persons either in person as well as video conferencing. The issue is wherever and whenever production of accused via virtual conferencing is permissible and possible, the investigation agencies must endeavour to do so. We find force in the submissions. It may be open for petitioner to impress upon High Court to pass appropriate orders in future dates. For time being, the order referred to governs a period which is already over, hence we give liberty to petitioner to raise this issue before the High Court for future cases.

The order was passed by the High Court in its suo moto case regarding Extension of Remand and Interim Orders, where the Court observed remands were being extended since it may not be possible to produce remand prisoners for extension of remand before various Courts in the State, either in person or via video- conference.

During the hearing, Advocate Elangovan appearing for the petitioner submitted that the petitioner is aggrieved by Madras High Court's order dated 17th May, 2021 in which the High Court has extended the remand of under trial prisoners beyond 15 days without producing the accused in person or through video conferencing.

"You remember what was the situation in May 2021? You remember that?" Justice Khanwilkar asked.

"Yes. In that, Supreme Court had also passed an order dated 20th March 2020 and said they be produced through video conferencing. But the HC has said that its not necessary to produce them even through video conferencing." Advocate Elangovan said.

The Bench however observed "Anyway, now this has become academic. That period is over, thereafter the accused must have been produced. We will clarify the position that since this period is over we are not interfering but video conferencing wherever possible should be done."

Mr Elangovan said " I am here because of infringement of Article 21 by such extension suo moto by the High Court. Liberty can be curtailed only through procedure established by law."

"Mr Elangovan, that has been done at a time when situation was dynamically changing", the Bench said.

In response to the Counsel's submission that the petition is still pending and the next hearing is on 29th, the Bench said "We will clarify. That request we are accepting. Wherever possible it should be done, wherever not possible due to technical reasons that justification can be given to the Court"

Case Title: P Raghu Ganesh v Registrar General & Ors