The Kerala High Court expounded that how cross-examination is done has no bearing on the right of the Accused to cross-examine the witness. It was held that whether the cross-examination is done physically or through electronic video linkage, it would not make a difference.
Opining that Electronic Video Linkage Rules for Courts (Kerala), in 2021 (hereinafter referred to as “Rules, 2021”) were enacted for this very special purpose, the Bench held that the Petitioner cannot assert that his right to effective cross-examination will be affected if cross-examination is done via video linkage.
Brief Facts:
The CBI had sought for examination of the defacto Complainant through video linkage as the defacto Complainant was working in Dubai and his presence could not have been secured without delay or expenses.
The Petitioner (Accused) objected on the ground that if physical appearance is not secured, the Accused would be denied and estopped from an effective cross-examination. The Special Court opined on the purpose of the enactment of the Rules, 2021 and allowed the examination via video linkage.
Hence, the present case.
Contentions of the Petitioner:
It was argued that the right of the Accused to effectively cross-examine would be curtailed if a physical examination is not secured.
Contentions of the DSGI:
It was argued that there was no need to discriminate the proceedings in any manner and make the Rules, 2021 ineffective as examination done physically or through video linkage would be equally effective.
Observations of the Court:
It was noted that Rule 8(23) of the Rules, 2021 provides that in case the required person cannot be secured without undue delay or expenses, the Court has the power to authorize the conduct of proceedings through Electronic Video Linkage.
The present case has been pending for 11 years. Opining that Rules, 2021 were enacted for this very special purpose, the Bench held that the Petitioner cannot assert that his right to effective cross-examination will be affected if cross-examination is done via video linkage.
It was ruled that how cross-examination is done has no bearing on the right of the Accused to cross-examine the witness.
The decision of the Court:
Based on the aforementioned findings, the petition was accordingly dismissed by the High Court.
Case Title: Gopal. C. V. Central Bureau of Investigation
Coram: Hon’ble Mr. Justice A. Badhaudeen
Case No: CRL. MC No. 1465/2023
Advocates for Petitioner: Advs. Vinod Vallikappan, S. Sumitha
Advocates for Respondent: Advs. S. Manu, Smt. Rekha. K (PP)
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