THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
6 Shrawan, 1942 (S)
Ranchi, Tuesday, 28th July, 2020
HIGH COURT OF JHARKHAND
--------
Notification
20th July, 2020
No. 26/2020/R&S
VIDEO CONFERENCING RULES
Preface
Whereas it is expedient to consolidate, unify and streamline the procedure relating to use of
video conferencing for Courts; and
In exercise of its powers under Articles 225 and 227 of the Constitution of India, the High
Court of Jharkhand makes the following Rules.
Chapter I – Preliminary
1.
These Rules shall be called the "High Court of Jharkhand Rules for Video Conferencing
for Courts, 2020".
No. 336
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Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
1.
These Rules shall apply to such Courts or proceedings or classes of Courts or
proceedings and on and from such date as the High Court may notify in this
behalf.
2.
Definitions
In these Rules, unless the context otherwise requires:
(i) "Advocate" means and includes an advocate entered in any roll maintained under the
provisions of the Advocates Act, 1961 and shall also include government
pleaders/advocates and officers of the department of prosecution.
(ii) "Commissioner" means a person appointed as Commissioner under the provisions of
Code of Civil Procedure, 1908, or the Code of Criminal Procedure, 1973 or any other
law in force.
(iii)"Coordinator" means a person nominated as coordinator under Rule 5. Coordinator
should be computer literate.
(iv) "Court" includes a physical Court and a virtual Court or Tribunal.
(v) "Court Point" means the courtroom or one or more places where the Court is physically
convened, or the place where a Commissioner or an Inquiring Officer holds
proceedings pursuant to the directions of the Court.
(vi)"Court User" means a user participating in Court proceedings through video
conferencing at a Court Point.
(vii) "Designated Video Conferencing Software" means software provided by the High
Court from time to time to conduct video conferencing.
(viii) “Exceptional circumstances” include illustratively a pandemic, natural calamities,
circumstances implicating law and order and matters relating to the safety of the
accused and witnesses.
(ix) "Live Link" means and includes a live television link, audio-video electronic means or
other arrangements whereby a witness, a required person or any other person permitted
to remain present, while physically absent from the courtroom is nevertheless virtually
present in the courtroom by remote communication using technology to give evidence
and be cross-examined.
Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
(x) “Principal District Judge” shall mean and include the District Judge heading the District
Judiciary.
(xi) "Remote Point" is a place where any person or persons are required to be present or
appear through a video link.
(xii) "Remote User" means a user participating in court proceedings through video
conferencing at a Remote Point.
(xiii) "Required Person" includes:
a. the person who is to be examined; or
b. the person in whose presence certain proceedings are to be recorded or conducted;
or
c. an Advocate or a party in person who intends to examine a witness; or
d. any person who is required to make submissions before the Court; or
e. any other person who is permitted by the Court to appear through video
conferencing.
(xiv) “Rules” shall mean these Rules for Video Conferencing for Courts and any reference
to a Rule, Sub-Rule or Schedule shall be a reference to a Rule, Sub-Rule or Schedule
of these Rules.
(xv) “Regulation” means regulations made by the High Court of Jharkhand for the purpose
of giving effect to these Rules.
Chapter II - General Principles
3.
General Principles Governing Video Conferencing
(i)
Video conferencing facilities may be used at all stages of judicial proceedings and
proceedings conducted by the Court.
(ii)
All proceedings conducted by a Court by way of video conferencing shall be judicial
proceedings and all the courtesies and protocols applicable to a physical Court shall
apply to these virtual proceedings. The protocol provided in Schedule I shall be adhered
to for proceedings conducted by way of video conferencing.
(iii) All relevant statutory provisions applicable to judicial proceedings including provisions
of the Code of Civil Procedure, 1908, Code of Criminal Procedure, 1973, Contempt of
Courts Act, 1971, Indian Evidence Act, 1872 (abbreviated hereafter as the Evidence
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Act), and Information Technology Act, 2000 (abbreviated hereafter as the IT Act), shall
apply to proceedings conducted by video conferencing.
(iv)
Subject to maintaining independence, impartiality and credibility of judicial
proceedings, and subject to such directions as the High Court may issue, Courts may
adopt such technological advances as may become available from time to time.
(v)
The Rules as applicable to a Court shall mutatis mutandis apply to a Commissioner
appointed by the Court to record evidence and to an Inquiry Officer conducting an
inquiry.
(vi)
There shall be no unauthorised recording of the proceedings by any person or entity.
(vii) The person defined in Rule 2(xiii) shall provide identity proof as recognised by the
Government of India/State Government/Union Territory to the Court point coordinator
via personal email. In case identity proof is not readily available the person concerned
shall furnish the following personal details: name, parentage and permanent address, as
also, temporary address if any.
4. Facilities recommended for Video Conferencing
The following equipment is recommended for conducting proceedings by video
conferencing at the Court Point and at the Remote Point:
(i) Desktop, laptop or mobile devices with internet connectivity and printer;
(ii) Device ensuring uninterrupted power supply;
(iii) Camera;
(iv) Microphones and speakers;
(v) Display unit;
(vi) Document visualizer;
(vii) Provision of a firewall.
(viii) Adequate seating arrangements ensuring privacy;
(ix) Adequate lighting; and
(x) Availability of a quiet and secure space
Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
5.
Preparatory Arrangements
5.1
There shall be a Coordinator both at the Court Point and at the Remote Point from
which any Required Person is to be examined or heard. However, Coordinator may be
required at the Remote Point only when a witness or a person accused of an offence is
to be examined.
5.2
In the civil and criminal Courts falling within the purview of the District Judiciary,
persons nominated by the High Court or the concerned Principal District Judge, shall
perform the functions of Coordinators at the Court Point as well as the Remote Point as
provided in Rule 5.3.
5.3
The location of the remote point shall have to be fixed by the authority who will
nominate the coordinator under Rule 5.3.1 to 5.3.10.
The Coordinator at the Remote Point may be any of the following:
Sub
Rule
Where the Advocate or Required
Person is at the following Remote
Point:-
The Remote Point Coordinator shall
be:-
5.3.1
Overseas
An official of an Indian Consulate / the
relevant Indian Embassy / the relevant
High Commission of India
5.3.2
Court of another State or Union
Territory within the territory of India
Any authorized official nominated by
the concerned Principal District Judge.
5.3.3
Mediation Centre or office of District
Legal Services Authority (including
Taluka Legal Services Committee)
Any
authorized
person
official
nominated by the Chairperson or
Secretary of the concerned District
Legal Services Authority.
5.3.4
Jail or prison
The concerned Jail Superintendent or
Officer in-charge of the prison.
5.3.5
Hospitals administered by the Central
Government, the State Government
Medical Superintendent or an official
authorized by them or the person in
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or local bodies
charge of the said hospital
5.3.6
Observation Home, Special Home,
Children's Home, Shelter Home, or
any institution referred to as a child
facility (collectively referred to as
child
facilities)
and
where
the
Required Person is a juvenile or a
child or a person who is an inmate of
such child facility.
The Superintendent or Officer in
charge of that child facility or an
official authorized by them.
5.3.7
Women’s Rescue Homes, Protection
Homes,
Shelter
Homes,
Nari
Niketans or any institution referred to
as a women’s facility (collectively
referred to as women’s facilities).
The Superintendent or Officers In-
charge of the women’s facility or an
official authorized by them.
5.3.8
In custody, care or employment of
any
other
Government
office,
organization
or
institution
(collectively
referred
to
as
institutional facilities).
The Superintendent or Officers in-
charge of the institutional facility or an
official authorized by them.
5.3.9
When a Required Person is at any of
the Remote Points mentioned in Sub
Rules 5.3.1 to 5.3.8 and video
conferencing
facilities
are
not
available at any of these places
Forensic Science Lab
The concerned Court will formally
request the Principal District Judge, in
whose jurisdiction the Remote Point
lies to appoint a Coordinator for and to
provide a video conferencing facility
from proximate and suitable court
premises.
The Administrative officer in-charge
or their nominee.
Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
5.3.10
In case of any other location
The concerned Court may appoint any
person deemed fit and proper who is
ready and willing to render their
services as a Coordinator to ensure
that the proceedings are conducted in a
fair, impartial and independent manner
and according to the directions issued
by the Court in that behalf.
5.3.11 Notwithstanding the provisions of Clause 5.3.1, where witness examination is to take
place in a criminal case of a person located outside the country, the provisions of the
“Comprehensive Guidelines for investigation abroad and issue of Letters Rogatory
(LRs) / Mutual Legal Assistance (MLA) Request and Service of Summons /
Notices/Judicial
documents
in
respect
of
Criminal
Matters”(available
at
http://164.100.117.97/WriteReadData/userfiles/ISII_ComprehensiveGuidelinesMutualLegalAssistance_
17122019.pdf ) will be followed to the extent they comport with the provisions of the
CrPC and the Evidence Act. Furthermore, before the Court employs its discretion to
carry out witness examination via video conference, it will obtain the consent of the
accused.
5.4
When a Required Person is at any of the Remote Points mentioned in Sub Rules 5.3 and
video conferencing facilities are not available at any of these places the concerned
Court will formally request the Principal District Judge, in whose jurisdiction the
Remote Point is situated to appoint a Coordinator for and to provide a video
conferencing facility from proximate and suitable Court premises.
5.5
The Coordinators at both the Court Point and Remote Point shall ensure that the
recommended requirements set out in Rule 4 are complied with, so that the proceedings
are conducted seamlessly.
5.6
The Coordinator at the Remote Point shall ensure that:
5.6.1 All Advocates and/or Required Persons scheduled to appear in a particular
proceeding are ready at the Remote Point designated for video conferencing at
least 30 minutes before the scheduled time.
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5.6.2 No unauthorised recording device is used.
5.6.3 No unauthorised person enters the video conference room when the video
conference is in progress.
5.6.4 The person being examined is not prompted, tutored, coaxed, induced or coerced
in any manner by any person and that the person being examined does not refer
to any document, script or device without the permission of the concerned Court
during the course of examination.
5.7
Where the witness to be examined through video conferencing requires or if it is
otherwise expedient to do so, the Court shall give sufficient notice in advance, setting
out the schedule of video conferencing and in appropriate cases may transmit non-
editable digital scanned copies of all or any part of the record of the proceedings to the
official email account of the Coordinator of the concerned Remote Point designated in
accordance with Rule 5.3.
5.8
Before the scheduled video conferencing date, the Coordinator at the Court Point shall
ensure that the Coordinator at the Remote Point receives certified copies, printouts or a
soft copy of the non-editable scanned copies of all or any part of the record of
proceedings which may be required for recording statements or evidence, or for
reference. However, these shall be permitted to be used by the Required Person only
with the permission of the Court.
5.9
Whenever required the Court shall order the Coordinator at the Remote Point or at the
Court Point to provide -
5.9.1 A translator in case the person to be examined is not conversant with the official
language of the Court.
5.9.2 An expert in sign languages in case the person to be examined is impaired in
speech and/or hearing.
5.9.3 An interpreter or a special educator, as the case may be, in case a person to be
examined is differently abled, either temporarily or permanently.
Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
Chapter III - Procedure for Video Conferencing
6. Application for Appearance, Evidence and Submission by Video Conferencing:
6.1
Any party to the proceeding or witness, save and except where proceedings are initiated
at the instance of the Court, may move a request for video conferencing. A party or
witness seeking a video conferencing proceeding shall do so by making a request in the
form prescribed in Schedule II.
6.2
Any proposal to move a request to for video conferencing should first be discussed with
the other party or parties to the proceeding, except where it is not possible or
inappropriate, for example in cases such as urgent applications.
6.3
On receipt of such a request and upon hearing all concerned persons, the Court shall
pass an appropriate order after ascertaining that the application is not filed with an
intention to impede a fair trial or to delay the proceedings.
6.4
While allowing a request for video conferencing, the Court may also fix the schedule
for convening the video conferencing.
6.5
In case the video conferencing event is convened for making oral submissions, the order
may require the Advocate or party in person to submit written arguments and
precedents, if any, in advance on the official email ID of the concerned Court.
6.6
Costs, if directed to be paid, shall be deposited within the prescribed time, commencing
from the date on which the order convening proceedings through video conferencing is
received.
7.
Service of Summons
7.1
Summons issued to a witness who is to be examined through video conferencing,
shall mention the date, time and venue of the concerned Remote Point and shall direct
the witness to attend in person along with proof of identity or an affidavit to that effect.
The existing rules regarding service of summons and the consequences for non-
attendance, as provided in the Code of Civil Procedure, 1908 and Code of Criminal
Procedure, 1973 shall apply with respect to service of summons for proceedings
conducted by video conferencing.
7.2
Furthermore in respect of service of summons on witnesses residing outside the
country, concerning criminal matters, the provisions of “Comprehensive Guidelines for
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Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
investigation abroad and issue of Letters Rogatory (LRs) /Mutual Legal Assistance
(MLA) Request and Service of Summons / Notices/ Judicial documents in respect of
Criminal
Matters”
(available
at
http://164.100.117.97/WriteReadData/userfiles/ISII_ComprehensiveGuidelinesMutualLegalAssistance_
17122019.pdf ) will be followed to the extent they comport with the provisions of the
CrPC and the extant laws.
8.
Examination of persons
8.1
Any person being examined, including a witness shall, before being examined through
video conferencing, produce and file proof of identity by submitting an identity
document issued or duly recognized by the Government of India, State Government,
Union Territory, or in the absence of such a document, an affidavit attested by any of
the authorities referred to in Section 139 of the Code of Civil Procedure, 1908 or
Section 297 of the Code of Criminal Procedure, 1973, as the case maybe. The affidavit
shall inter alia state that the person, who is shown to be the party to the proceedings or
as a witness, is the same person, who is to depose at the virtual hearing. A copy of the
proof of identity or affidavit, as the case may be, shall be made available to the opposite
party.
8.2
The person being examined shall ordinarily be examined during the working hours of
the concerned Court or at such time as the Court may deem fit. The oath shall be
administered to the person being examined by the Coordinator at the Court Point.
8.3
Where the person being examined, or the accused to be tried, is in custody, the
statement or, as the case may be, the testimony may be recorded through video
conferencing. The Court shall provide adequate opportunity to the under-trial prisoner
to consult in privacy with their counsel before, during and after the video conferencing.
8.4
Subject to the provisions for examination of witnesses contained in the Indian Evidence
Act, 1872, before the examination of the witness, the documents, if any, sought to be
relied upon shall be transmitted by the applicant to the witness, so that the witness
acquires familiarity with the said documents. The applicant shall file an
acknowledgment with the Court in this behalf.
8.5
If a person is examined with reference to a particular document then the summons to
witness must be accompanied by a duly certified photocopy of the document. The
original document should be exhibited at the Court Point in accordance with the
deposition of the concerned person being examined.
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8.6
The Court would be at liberty to record the demeanour of the person being examined.
8.7
The Court will note the objections raised during the deposition of the person being
examined and rule on them.
8.8
The Court shall obtain the signature of the person being examined on the transcript once
the examination is concluded. The signed transcript shall form part of the record of the
judicial proceedings. The signature on the transcript of the person being examined shall
be obtained in either of the following ways:
8.8.1 If digital signatures are available at both the concerned Court Point and Remote
Point, the soft copy of the transcript digitally signed by the presiding Judge at the
Court Point shall be sent by the official e-mail to the Remote Point where a print
out of the same will be taken and signed by the person being examined. A
scanned copy of the transcript digitally signed by the Coordinator at the Remote
Point would be transmitted by official email of the Court Point. The hard copy of
the signed transcript will be dispatched after the testimony is over, preferably
within three days by the Coordinator at the Remote Point to the Court Point by
recognised courier/registered speed post.
8.8.2 If digital signatures are not available, the printout of the transcript shall be signed
by the presiding Judge and the representative of the parties, if any, at the Court
Point and shall be sent in non-editable scanned format to the official email
account of the Remote Point, where a printout of the same shall be taken and
signed by the person examined and countersigned by the Coordinator at the
Remote Point. A non-editable scanned format of the transcript so signed shall be
sent by the Coordinator of the Remote Point to the official email account of the
Court Point, where a print out of the same shall be taken and shall be made a part
of the judicial record. The hard copy would also be dispatched preferably within
three days by the Coordinator at the Remote Point to the Court Point by
recognised courier/registered speed post.
8.9
An audio-visual recording of the examination of person examined shall be preserved.
An encrypted master copy with hash value shall be retained as a part of the record.
8.10 The Court may, at the request of a person to be examined, or on its own motion, taking
into account the best interests of the person to be examined, direct appropriate measures
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to protect the privacy of the person examined bearing in mind aspects such as age,
gender, physical condition and recognized customs and practices.
8.11 The Coordinator at the Remote Point shall ensure that no person is present at the
Remote Point, save and except the person being examined and those presence is deemed
administratively necessary by the Coordinator for the proceedings to continue.
8.12 The Court may also impose such other conditions as are necessary in a given set of facts
for effective recording of examination (especially to ensure compliance with Rule
5.6.4).
8.13 The examination shall, as far as practicable, proceed without interruption or the grant of
unnecessary adjournments. However, the Court or the Commissioner as the case may
be, will be at liberty to determine whether an adjournment should be granted, and if so,
on what terms.
8.14 The Court shall be guided by the provisions of the Code of Civil Procedure, 1908 and
Chapter XXIII, Part B of the Code of Criminal Procedure, 1973, the Evidence Act and
the IT Act while examining a person through video conferencing.
8.15 Where a Required Person is not capable of reaching the Court Point or the Remote
Point due to sickness or physical infirmity, or presence of the required person cannot be
secured without undue delay or expense, the Court may authorize the conduct of video
conferencing from the place at which such person is located. In such circumstances the
Court may direct the use of portable video conferencing systems. Authority on this
behalf may be given to the concerned Coordinator and/or any person deemed fit by the
Court.
8.16 Subject to such orders as the Court may pass, in case any party or person authorized by
the party is desirous of being physically present at the Remote Point at the time of
recording of the testimony, such a party shall make its own arrangement for appearance
/representation at the Remote Point.
9.
Exhibiting or Showing Documents to Witness or Accused at a Remote Point
If in the course of examination of a person at a Remote Point by video conferencing, it is
necessary to show a document to the person, the Court may permit the document to be shown
in the following manner:
9.1
If the document is at the Court Point, by transmitting a copy or image of the document
to the Remote Point electronically, including through a document visualizer; or
Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
9.2
If the document is at the Remote Point, by putting it to the person and transmitting a
copy/image of the same to the Court Point electronically including through a document
visualizer. The hard copy of the document counter signed by the witness and the
Coordinator at the Remote Point shall be dispatched thereafter to the Court Point via
authorized courier/registered speed post.
10.
Ensuring seamless video conferencing
10.1 The Advocate or Required Person, shall address the Court by video conferencing from a
specified Remote Point on the date and time specified in the order issued by the Court.
The presence of the coordinator shall not be necessary at the Remote point where
arguments are to be addressed by an Advocate or party in person before the Court.
10.2 If the proceedings are carried out from any of the Remote Point(s) (in situations
described in Rules 5.3.1 to 5.3.9) the Coordinator at such Remote Point shall ensure
compliance of all technical requirements. However, if the proceedings are conducted
from a Remote Point falling in the situation contemplated under Rule 5.3.10, such as an
Advocate’s office, the Coordinator at the Court Point shall ensure compliance of all
technical requirements for conducting video conferencing at both the Court Point and
the Remote Point.
10.3 The Coordinator at the Court Point shall be in contact with the concerned Advocate or
the Required Person and guide them in regard to the fulfilment of technical and other
requirements for executing a successful hearing through video conferencing. Any
problem faced by such Remote Users shall be resolved by the Court Point Coordinator.
The Court Point Coordinator shall inter alia share the link of the video conferencing
hearing with such Remote Users.
10.4 The Coordinator at the Court Point shall ensure that any document or audio-visual files,
emailed by the Remote User, are duly received at the Court Point.
10.5 The Coordinator at the Court Point shall also conduct a trial video conferencing,
preferably 30 minutes prior to scheduled video conferencing in order to ensure that all
the technical systems are in working condition at both the Court Point and the Remote
Point.
10.6 At the scheduled time, the Coordinator at the Court Point shall connect the Remote User
to the Court.
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10.7 On completion of the video conferencing proceeding, the Court shall mention in the
order sheet the time and duration of the proceeding, the software used (in case the
software used is not the Designated Video Conferencing Software), the issue(s) on
which the Court was addressed and the documents if any that were produced and
transmitted online. In case a digital recording is tendered, the Court shall record its
duration in the order sheet along with all other requisite details.
10.8 The Court shall also record its satisfaction as to clarity, sound and connectivity for both
Court Users and Remote Users.
10.9 On the completion of video conferencing, if a Remote User is of the opinion that they
were prejudiced due to poor video and/or audio quality, the Remote User shall
immediately inform the Coordinator at the Court Point, who shall in turn, communicate
this information to the Court without any delay. The Court shall consider the grievance
and if it finds substance in the grievance may declare the hearing to be incomplete and
the parties may be asked to re-connect or make a physical appearance in Court.
11.
Judicial remand, framing of charge, examination of accused and Proceedings under
Section 164 of the Cr. P. C.
11.1 The Court may, at its discretion, authorize detention of an accused, frame charges in a
criminal trial under the Cr. P.C. by video conferencing. However, ordinarily judicial
remand in the first instance or police remand shall not be granted through video
conferencing save and except in exceptional circumstances for reasons to be recorded in
writing.
11.2 The Court may in exceptional circumstances, for reasons to be recorded in writing,
examine a witness or an accused under Section 164 of the Criminal Procedure, 1973 or
record the statement of the accused under section 313 Cr. P.C. through video
conferencing, while observing all due precautions to ensure that the witness or the
accused as the case may be is free of any form of coercion, threat or undue influence.
The Court shall ensure compliance with section 26 of the Evidence Act.
Chapter IV - General Procedure
12.
General procedures
12.1 The procedure set out hereafter in this chapter is without prejudice to the procedure
indicated elsewhere in these Rules qua specific instances in which proceedings are
conducted via video conferencing.
Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
12.2 The Coordinator at the Court Point shall ensure that video conferencing is conducted
only through a Designated Video Conferencing Software. However, in the event of a
technical glitch during a given proceeding, the concerned Court may for reasons to be
recorded permit the use of a software other than the Designated Video Conferencing
Software for video conferencing in that particular proceeding.
12.3 The identity of the person to be examined shall be confirmed by the Court with the
assistance of the Coordinator at the Remote Point in accordance with Rule 8.1, at the
time of recording of the evidence and the same must be reflected in the order sheet of
the Court.
12.4 In civil cases, parties requesting for recording statements of the person to be examined
by video conferencing shall confirm to the Court, the location of the person, the
willingness of such person to be examined through video conferencing and the
availability of technical facilities for video conferencing at the agreed upon time and
place.
12.5 In criminal cases, where the person to be examined is a prosecution witness or a Court
witness, or where a person to be examined is a defence witness, the counsel for the
prosecution or defence counsel, as the case maybe, shall confirm to the Court the
location of the person, willingness to be examined by video conferencing and the time,
place and technical facility for such video conferencing.
12.6 In case the person to be examined is an accused, the prosecution will confirm the
location of the accused at the Remote Point.
12.7 Video conferencing shall ordinarily take place during the Court hours. However, the
Court may pass suitable directions concerning the timing and schedule of video
conferencing as the circumstances may warrant.
12.8 If the accused is in custody and not present at the Court Point, the Court shall order a
multi-point video conference between itself, the witness and the accused in custody to
facilitate recording of the statement of the witness (including medical or other expert).
The Court shall ensure that the defence of the accused is not prejudiced in any manner
and that the safeguards contained in Rule 8.3 are observed.
12.9 The Coordinator shall ensure the safety of the witnesses.
12.10 The Coordinator at the Remote Point shall be paid such amount as honorarium as may
be directed by the Court in consultation with the parties.
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13.
Costs of Video Conferencing
In the absence of Rules prescribed by the concerned Court, the Court may take into
consideration following circumstances when determining and/or apportioning the costs of
video conferencing:
13.1 In criminal cases, the expenses of the video conferencing facility including expenses
involved in preparing soft copies / certified copies of the court record and transmitting
the same to the Coordinator at the Remote Point, and the fee payable to translator /
interpreter / special educator, as the case may be, as also the fee payable to the
Coordinator at the Remote Point, shall be borne by such party as directed by the Court.
13.2 In civil cases, generally, the party making the request for recording evidence, through
video conferencing shall bear the expenses.
13.3 Besides the above, the Court may also make an order as to expenses as it considers
appropriate, taking into account rules / instructions regarding payment of expenses to
the complainant and witnesses, as may be prevalent from time to time.
13.4 It shall be open to the Court to waive the costs as warranted in a given situation.
14.
Conduct of Proceedings
14.1 All Advocates, Required Persons, the party in person and/or any other person permitted
by the Court to remain physically or virtually present (hereinafter collectively referred
to as participants) shall abide by the requirements set out in Schedule I.
14.2 Before the commencement of video conferencing all participants, shall have their
presence recorded. However, in case a participant is desirous that their face or name be
masked, information to that effect will be furnished to the Court Point Coordinator prior
to the commencement of the proceeding.
14.3 The Court Point Coordinator shall send the link / Meeting ID / Room Details via the
email Id / mobile number furnished by the Advocate or Required Person or other
participant permitted to be virtually present by the Court. Once the proceedings have
commenced, no other person shall be permitted to participate in the virtual hearing, save
and except with the permission of the Court.
14.4 The participants, after joining the hearing shall remain in the virtual lobby if available,
until they are admitted to virtual hearing by the Coordinator at the Court Point.
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14.5 Participation in the proceedings shall constitute consent by the participants to the
proceedings being recorded by video conferencing.
14.6 Establishment and disconnection of links between the Court Point and the Remote Point
would be regulated by orders of the Court.
14.7 The Court shall satisfy itself that the Advocate, Required Person or any other participant
that the Court deems necessary at the Remote Point or the Court Point, can be seen and
heard clearly and can clearly see and hear the Court.
14.8 To ensure that video conferencing is conducted seamlessly, the difficulties, if any,
experienced in connectivity must be brought to the notice of the Court at the earliest on
the official email address and mobile number of the Court Point Coordinator which has
been furnished to the participant before the commencement of the virtual hearing. No
complaint shall subsequently be entertained, unless such difficulty has suddenly been
caused during the proceeding of the Court.
14.9 Wherever any proceeding is carried out by the Court under these Rules by taking
recourse to video conferencing, this shall specifically be mentioned in the order sheet.
15.
Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats
15.1 In conformity with the provisions of the Legal Services Authorities Act, 1987 and the
laws in force, in proceedings related to Legal Aid Clinics, Camps, Lok Adalats or Jail
Adalats, any person who at the Remote Point is in Jail or Prison shall be examined by
the Chairman / Secretary of the District Legal Service Authority or Taluka Legal
Service Committee or Members of Lok Adalats before passing any award or orders in
accordance with law.
15.2 Such award or order shall have the same force as if it was passed by the regular Lok
Adalat or Jail Adalat.
15.3 Copy of the award or order and the record of proceedings shall be sent to the Remote
Point.
16.
Allowing persons who are not parties to the case to view the proceedings
16.1 In order to observe the requirement of an open Court proceeding, members of the Public
shall be allowed to view Court hearings conducted through video conferencing, except
proceeding ordered for reasons recorded in writing, to be conducted in-camera. The
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Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
Court shall endeavour to make available sufficient links (consistent with available band
width) or accessing the proceedings.
16.2 Where, for any reason, a person unconnected with the case is present at the Remote
Point, that person shall be identified by the Coordinator at the Remote Point at the start
of the proceedings and the purpose of the presence of that person shall be conveyed to
the Court. Such a person shall continue to remain present only if permitted by the Court.
Chapter V – Miscellaneous
17.
Reference to Words and Expressions
Words and expressions used and not defined in these Rules shall have the same meaning as
assigned to them in the Code of Civil Procedure, 1908, the Code of Criminal Procedure, 1973,
the Evidence Act, Information Technology Act, 2000 and the General Clauses Act, 1897.
18.
Power to Relax
The High Court may if, satisfied that the operation of any Rule is causing undue hardship, by
an order dispense with or relax the requirements of that Rule to such extent and subject to such
conditions, as may be stipulated to deal with the case in a just and equitable manner.
19.
Residual Provisions
Matters, with respect to which no express provision has been made in these Rules, shall be
decided by the Court consistent with principles of furthering the interests of justice.
20. Power of High Court to make Regulation.
The High Court of Jharkhand may make regulations consistent with these Rules regarding all
or any of the matters for which provision is necessary or expedient, for the purpose of giving
effect to these Rules.
21. Interpretation of these Rules
Whenever any difficulty or doubt arises in applying and /or interpreting these Rules, the
decision of the High Court of Jharkhand thereon shall be final.
Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
SCHEDULE I
1.
All participants shall wear sober attire consistent with the dignity of the proceedings.
Advocates shall be appropriately dressed in professional attire prescribed under the
Advocates Act, 1961. 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 shall be as specified in the relevant Rules prescribed or any order issued in that
behalf by the High Court. The decision of the Presiding Judge or Officer as to the dress
code shall be final.
2.
Proceedings shall be conducted at the appointed date and time. Punctuality shall be
scrupulously observed.
3.
The case will be called out and appearances shall be recorded on the direction of the
Court.
4.
Every participant shall adhere to the courtesies and protocol that are followed in a
physical Court. Judges will be addressed as “Madam/Sir” or “Your Honour”. Officers
will be addressed by their designation such as “Bench Officer/Court Master”.
Advocates will be addressed as “Learned Counsel/Senior Counsel”
5.
Advocates, Required Persons, parties in person and other participants shall keep their
microphones muted till such time as they are called upon to make submissions.
6.
Remote Users shall ensure that their devices are free from malware.
7.
Remote Users and the Coordinator at the Remote Point shall 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.
8.
All participants’ cell phones shall remain switched off or in air-plane mode during the
proceedings.
9.
All participants should endeavour to look into the camera, remain attentive and not
engage in any other activity during the course of the proceedings.
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Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
SCHEDULE II
Request Form for Video Conference
1. Case Number / CNR Number (if any)
2. Cause Title
3. Proposed Date of conference (DD/MM/YYYY):___________
4. Location of the Court Point(s):______________
5. Location of the Remote Point(s):_______________________
6. Names & Designation of the Participants at the Remote Point: ___________________
7. Mobile Number:________________________
8. E-mail Id:______________________________
9. Urgency/Reasons for Video Conferencing:
In the matter of:
10. Nature of Proceedings: Final Hearing Motion Hearing
Others
I have read and understood the provisions of Rules for Video Conferencing for Courts
(hyperlink). I undertake to remain bound by the same to the extent applicable to me. I agree to
pay video conferencing charges if so, directed by the Court.
Signature of the applicant/authorised signatory:
Date:
For use of the Registry / Court Point Coordinator
A) Bench assigned:
B) Hearing:
Held on (DD/MM/YYYY):
Jharkhand Gazette (Extraordinary), Tuesday, 28th July, 2020
Commencement Time:
End time:
Number of hours:
C) Costs:
Overseas transmission charges if any:
To be Incurred by Applicant /Respondent:
To be shared equally:
Waived; as ordered by the Court:
Signature of the authorised officer:
Date:
By order of the Court
(Ambuj Nath)
Registrar General
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झारखड राजक
य मुणालय
झारखड राजक
य मुणालय, राँची वारा काशत एवं मु त
राँची वारा काशत एवं मु त,
झारखड गजट
झारखड गजट (असाधारण
असाधारण)
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