Delhi High Court frames video conferencing rules for all stages of judicial proceedings

New Delhi: The Delhi High Court on Monday (June 1) framed rules for proceeding through video conferencing amid the COVID-19 crisis. Exercising its powers under Articles 225 and 227 of the Constitution of India, the High Court makes the following rules for proceeding through video conferencing. 

The rules termed as “High Court of Delhi Rules for Video Conferencing for Courts 2020" shall apply to such courts or proceedings from such date as the High Court may notify in this behalf.

Talking about the general principles governing video conferencing, the rules say that all proceedings conducted by a court via video conferencing shall be judicial proceedings and all the courtesies and protocols applicable to a physical Court shall apply to these virtual proceedings. 

Rules say that video conferencing facilities may be used at all stages of judicial proceedings.  

All relevant statutory provisions applicable to judicial proceedings including provisions of the CPC, CrPC, Contempt of Courts Act, 1971, Indian Evidence Act, 1872 (Evidence Act), and Information Technology Act, 2000 (IT Act), shall apply to proceedings conducted by video conferencing. It says that Courts may adopt such technological advances as may become available from time to time.

As per the video conferencing rules, unauthorised recording of the proceedings by any person or entity shall not be allowed. Identity proof as recognised by the government of India/state government/Union Territory shall be valid and may be sent to the court point coordinator via personal email. 

The rules recommend following facilities for conducting proceedings by video conferencing at the Court Point and the Remote Point. 

(i) Desktop, Laptop, mobile devices with internet connectivity and printer;
(ii) Device ensuring uninterrupted power supply;
(iii) Camera;
(iv) Microphones and speakers;
(v) Display unit;
(vi) Document visualizer;
(vii) Provision of a firewall;
(viii) Adequate seating arrangements ensuring privacy;
(ix) Adequate lighting; and
(x) Availability of a quiet and secure space

Video conferencing rules say that there shall be a coordinator both at the court point and at the Remote Point from which any required person is to be examined or heard. The coordinators at both the court point and remote point shall ensure that the recommended requirements are complied with so that the proceedings are conducted seamlessly.

Rules prescribe that A party or witness seeking a video conferencing proceeding shall do so by making a request via the form prescribed. 

The coordinator at the court point shall ensure that video conferencing is conducted only through a designated video conferencing software. However, in the event of a technical glitch during a given proceeding, the concerned court may permit the use of software other than the designated video conferencing software.

Costs of Video Conferencing  

The Court may take into consideration the following circumstances while determining the costs of video conferencing:

In criminal cases, the expenses of the video conferencing facility shall be borne by such party as directed by the Court. In civil cases, generally, the party requesting for recording evidence through video conferencing shall bear the expenses. 

The court may also make an order as to expenses as it considers appropriate. It shall be open to the Court to waive the costs as warranted in a given situation.