Delhi HC Allowed Plea Of An Old Accused Person To Appear Through Video-Conference

The Delhi High Court has recently observed that if the trial of a case can proceed effctively with the accused remaining present through video-conference, there the requesr for virtual appearances must be considered.

The bench of Justicer Swarna Kanta Sharma said that it is important to uphold the principles of justice and fair trial and the age and health of the people are equally important under such consideration.

This has been allowed in the case of a 75-year old accused in a rape case to appear virtually through video-conferencing before a trial court, where the lawyer shall be present physically.

The bench of Justice Sharma said, " in cases where appearing before the Court and joining the proceedings in a criminal trial through virtual modes do not compromise the integrity or fairness of the trial, the courts should be flexible in embracing modern technology and allowing virtual appearances. ”

The Court took cognizance of the office order that has been issued by the High Court in June for whicg the Courts were directed to allow the parties or their Counsels to appear through " hybird/ video-confering mode" during the Court proceedings without any prior request.

The Court in this case was hearing a petition against a trial court order asking the accused to furnish a medical certificate if he intended to join the trial virtually. The petition had prayed that the accused must be permitted due to his frailing health.

The High Court noted that he had not prayed for an exemption from appearing in person before the trial court, but only sought for an exemption from appearing physically in the Court.

The plea was finally allowed.