Glass partition, cubicles for accused: State govt makes suggestions to Karnataka HC for physical hearing of first remand cases

Before the Karnataka High Court today, Additional Advocate General (AAG) Dhyan Chinnappa made suggestions pertaining to physical hearing of first remand cases by magistrates..The first suggestion made was to use a glass partition between the accused and the judges while hearing first remand cases. The second proposal was to have a cubicle, where the accused persons would be kept. .Subsequently, magistrates could come and inspect the accused there. This may be done in court complexes in all talks, Chinnappa suggested. .Additionally, it was stated instead of taking the accused to the magistrate's residence, arrangements could be made to bring the magistrates to the court complex within the 24-hour window. .Breaking: Karnataka High Court, subordinate courts to commence limited functioning from June 1 after 2 months of video conference hearings .These suggestions were made after the Karnataka High Court had directed the Registrar General to register a suo motu PIL to address the various legal and technical issues that may arise before the District and Trial Courts from June 1..Karnataka HC registers suo motu PIL to monitor legal and technical issues likely to arise when trial courts resume functioning on June 1.During the hearing, a Bench headed by Chief Justice Abhay Shreeniwas Oka stated that in some other states, the idea is to provide acrylic partitions, which will divide the court into three compartments. A partition each for the lawyers, accused persons, and judges respectively, the Court explained. .However, the Court further expressed,"We don't know whether acrylic (materials) will affect the sound or not.".In this regard, the Court queried whether similar arrangements could be made for first remand cases. ."First remand has to be physical presence, law seems to be very clear", CJ Oka observed. .The Court further urged the AAG to consult with the health department in order to curb the spread to COVID-19..Responding to this, Chinnappa apprised the Court that the state government had already asked the health department to prepare a Standard Operating Procedure for this purpose. ."We have also asked them if this glass partition can be set up in one place, maybe in one small portion of a court. We can place this partition one after the other, if there are larger number of accused persons", Chinnappa submitted. .He further clarified that other risks would still persist, as there will be close interaction between the police and the accused while taking the latter to court. .Noting this, the Court averred, "Police are the most vulnerable...... But we are helpless there, nothing can be done.".On the point of conducting Lok Adalats via video conferencing, Additional Solicitor General MB Nargund pointed out to the Court that he had placed on record a set of "Draft Rules" pertaining to "e-Lok Adalat". The same has been prepared by mediation experts from all over the country, Nargund stated. .[Breaking] Personal presence of petitioners in family court, NI Act cases not required if advocate acts as authorized agent: Karnataka HC.As far as mediation is concerned, the Court highlighted that the only issue would be matrimonial matters. The Court observed,"It is said that in Zoom etc, personal information is being discussed and exchanged...somebody can hack it.".On the issue, referring to the Supreme Court decision of Santhini vs Vijaya Venketesh, Senior Advocate Uday Holla went on to submit that settlement through mediation is not permissible in matrimonial cases via video conferencing. .However, an exception carved out in the aforesaid judgment was that with the consent of parties, the same may be held permissible, Holla pointed out..Taking this into account, the Court stated,"By that logic, even mediation by consent will be permissible.".The matter will be next heard on June 10. .Earlier this week, the Court had held that it is not necessary for family courts to insist on the personal presence of petitioners, provided they are represented by an advocate who acts as an authorized agent on their behalf.