The single-judge bench of the Bombay High Court held that any proceeding relating to the SC & ST Act needs to be video recorded and even the proceedings in a criminal appeal also need to be video recorded.
Brief Facts:
The factual matrix of the case is that the present interim application is filed in order to seek direction for video recording of the proceedings while deciding the Criminal Appeal filed by the Applicants.
Contentions of the Respondent:
The Respondent contended that the criminal appeal for the registration of FIR related to offences under the Scheduled Castes and Scheduled Tribes (Prevention) of Atrocities) Act, 1989 (SC & ST Act) cannot be termed as a proceeding as no offence is registered. The Respondent relied upon the judgment titled Dr. Hema Suresh Ahuja & Ors. vs. The State of Maharashtra & Another.
Observations of the Court:
The Hon’ble Court observed that it would be necessary to video record any proceeding relating to the SC & ST Act. Also, even proceedings seeking registration of FIR would be covered by the expression ‘any proceeding’.
Based on these considerations, the court was of the opinion that it would be appropriate to direct the video recording hearing of the Criminal Appeal for the registration of FIR.
The decision of the court:
With the above direction, the court allowed the interim application.
Case Title: Vijay Pundlik Sapkale & Anr. V. Varsha Aadesh Pradhan & Ors.
Coram: Hon’ble Mr. Justice Sandeep V. Marne
Case No.: Criminal Appeal No. 136 of 2021
Advocates for the Applicant: Mr. Altaf Khan a/w Mr. Akash Mangalgi and Mr. Mohan Chavan
Advocate for the Respondent: Ms. Yugandhara Khanwilkar
Advocate for the State: Ms. Shilpa K. Gajare-Dhumal, APP
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