Public will be allowed to view virtual court proceedings: Rajasthan High Court notifies rules for video conference hearings

The Rajasthan High Court has notified the Rajasthan High Court and Video Conferencing Rules 2020 (Rules) which shall be applicable to court proceedings held through video conference in the Rajasthan High Court and all the subordinate courts in the State of Rajasthan..The Rules besides regulating the video conference hearings in High Court and lower courts also says that proceedings will be open to public and effort shall be made to make links of hearings available as far as possible."In order to observe the requirement of an open court proceedings, members of the public will be allowed to view Court hearings conducted through Video Conferencing," reads Rule 16. .The Rules for Video Conferencing, which shall be applicable to the proceedings of High Court and all the subordinate courts, state that all court proceedings conducted via video conference shall be construed as judicial proceedings. "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" Clause 3 (vi) of the Rules state that there shall be no unauthorized recording of the judicial proceedings by any individual or entity. .Below is an overview of the Rajasthan High Court and Video Conferencing Rules 2020.Examination of witnesses, accused and under-trials With regard to the examination of witnesses, it provides that the persons, who are being examined, or the accused to be tried, may be recorded through video conference and the court shall provide adequate opportunity to the under-trial prisoner to consult in privacy with their counsel prior to the proceedings. .Applicable statutory provisionsThe Rules state that all relevant statutory provisions applicable to judicial proceedings including provisions of the Civil Procedure Code, Criminal Procedure Code, Contempt of Courts Act, 1971, Indian Evidence Act, 1872, and Information Technology Act, 2000, shall apply to proceedings conducted by video conference..Judicial remand and examination of accused With regard to framing of charges and the examination of accused, the Rules provide that the court may, at its discretion, authorize the detention of an accused and frame charges in a criminal trial under the CrPC by video conferencing. However, the Rules clarify that "ordinarily judicial remand in the first instance or police remand shall not be granted through video conferencing" except in exceptional circumstances for reasons to be recorded in writing..Open court and Public view In the interest of open court, the Rules state that members of the public should be allowed to view court hearings conducted through video conference (except proceedings ordered for reasons recorded in writing to be conducted in-camera)."The Court shall endeavour to make available sufficient links (consistent with available bandwidth) for accessing the proceedings," the Rules state. .Requirements for video conference hearing a) Conduct of the counsel: The Rules prescribe that all the participants shall wear sober attire and shall be appropriately dressed in professional attire prescribed under the Advocates Act, 1961.b) Prescribed Uniform: With regard to officials, it has been stated that Police officials shall appear in the uniform prescribed for police officials under the relevant statute or orders. "The attire for judicial officers and court staff will be as specified in the relevant rules prescribed in that behalf by the High Court. The decision of the presiding judge or officer as to the dress code will be final."c) Addressing the bench: Every participant/ attendee has to adhere to the courtesies and protocol that are followed in court and judges will be addressed as "Madam/Sir" or "Your Honour". d) Remote users: All the remote users and the coordinator at the remote point have been directed to ensure that the remote point is situated in a quiet location, is properly secured and has sufficient internet coverage. Any unwarranted disturbance caused during video conferencing may, if the presiding judge so directs, render the proceedings non-est.e) Mobile Phones: All participants should switch off their cell phones or put it on aeroplane mode during the proceedings."All participants should endeavour to look into the camera, remain attentive and not engage in any other activity during the course of the proceedings." .[Read Rules]