Kerala High Court allows cross-examination of witnesses via video conference, emphasises technology adaptation [Read Order]

Kerala: The Kerala High Court’s Single Bench has delivered a significant judgment allowing advocates to conduct cross-examination through video conferencing, highlighting the judiciary’s need to embrace technological advancement.
Justice V.G. Arun addressed a petition challenging the Special CBI Court’s order that rejected permission for remote cross-examination of witnesses through video conferencing.

Kerala High Court Judgment on Remote Cross-Examination: A Step Toward Digital Justice

The case emerged from a request by senior counsel seeking to conduct cross-examination via video conferencing, citing health reasons and inability to travel to Thiruvananthapuram for the proceedings.

The court emphasized that the fundamental objective behind introducing the Electronic Video Linkage Rules is to enhance court accessibility and expedite proceedings. While interpreting these Rules, the court noted that although there’s no specific provision allowing remote cross-examination, the absence of such provision should not become a barrier if valid reasons are provided.
In its judgment, the High Court laid down guidelines for granting such permissions.

Judiciary Embraces Technology: Remote Video Conferencing for Cross-Examination in Legal Proceedings

Courts can require the availability of necessary facilities at the remote point and mandate the presence of a competent advocate in court during cross-examination. The court stressed that while such permission need not be granted as a right, it should be considered when valid reasons are presented.

The court drew support from the Supreme Court’s observations in the Sarvesh Mathur case, which emphasized that technology adoption is no longer optional but necessary for both the Bar and Bench. Justice Arun noted that technology plays an essential role in securing access to courtrooms and, consequently, access to justice for citizens across the country.

Looking ahead, the court directed the Registrar General to place the judgment before the Rules Committee to consider amending the Electronic Video Linkage Rules to specifically include provisions for remote cross-examination.

For the petitioner: Advocates S. Rajeev, V. Vinay, M.S. Aneer, Sarath K.P., K.S. Kiran Krishnan

For the respondents: Sreelal N. Warrier, Special Public Prosecutor for CBI

Case title: Alex C Joseph v. State of Kerala & Ors.

[Read Order]