Mumbai: The Bombay High Court has dismissed a petition seeking to quash a letter issued by a Trial Judge requesting Standard Operating Procedures (SOPs) for recording evidence via video conferencing, emphasizing the importance of maintaining decorum during court proceedings.
Justices Revati Mohite Dere and Dr. Neela Gokhale made critical observations regarding proper conduct during virtual court appearances and its implications for the administration of justice.
The court was hearing a writ petition filed by Bramhanand Raosaheb Naikwadi, a Senior Police Inspector. It noted, “By this petition, the petitioner essentially seeks quashing and setting aside of the letter dated 22nd January 2025 bearing Outward No. 558 of 2025 issued by the learned District Judge-I and Sessions Judge, Beed (Trial Judge).”
Addressing specific concerns about the petitioner’s conduct, the court observed, “While recording the evidence, the petitioner kept muting his microphone and was speaking with someone else in the room. When the Trial Judge admonished him not to speak to anybody while deposing, the petitioner laughed.”
The court found this behavior during video conference testimony to be problematic, stating, “The aforesaid behavior of the petitioner prima facie clearly reeks of insolent conduct on his part. The mere fact of being permitted to appear and depose from the comfort and convenience of his office definitely did not allow him to take the court proceedings casually.”
In its ruling, the court concluded, “In view of the aforesaid discussion, we do not find any infirmity or illegality on the part of the Trial Judge in issuing the impugned letter. The petition is accordingly dismissed.”
The bench emphasized the importance of proper conduct during virtual testimonies, noting, “Recording of evidence is a crucial part of a trial. In fact, the petitioner’s evidence was highly significant considering that he was the Investigating Officer in the case.”
The petitioner’s counsel submitted that his client was under stress due to supervising security arrangements for a Coldplay concert and faced technical difficulties during the video conference, with no intention to disrespect the court.
The court noted that the petitioner is at liberty to respond to the show-cause notice issued by his senior officer, on its own merits.
Mr. Rizwan Merchant, along with Mr. Rajabhau Chaudhari, appeared for the petitioner, while Mr. V. B. Konde Deshmukh, Additional Public Prosecutor, appeared for the State.
Case Title: Bramhanand Raosaheb Naikwadi vs. The State of Maharashtra & Anr.
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