Judicial system approves video conference of NRI hearing in India via Skype
Indian Judicial system has also appreciated the benefits of the growing technology and has embraced its use recently in hearing the plea of a NRI Dr Kunal Saha who had submitted his statements via Skype on the court hearings. In usual cases the use of video conferences in India court is still not very appreciated. A high court in Kolkata had allowed a doctor from the US to oppose a petition filed against him via a video conference on Skype.
Justice Aniruddha Bose of the high court had permitted Dr Kunal Saha to orally present his case and also participate in the hearings of the court after two doctors were challenged the cancellation of their medical licenses by the MCI, Medical Council of India. Erstwhile cases have only used the technology to record evidence while this is the first case where the person was allowed to litigate an argument.
The decision was granted after Dr Saha requested the court to fast-track the hearings of the case or allow him to argue from his location in Hillard, Ohio, USA. The court had no objections deeming the case fit to be dealt via "live video conferencing", although the West Bengal Medical Council had asked that he should present himself in person or the case should not be heard.
However since lawfully, the use of the technology has not been limited Justice Bose said, "The presence of Dr Saha would be through the computer screen and its audio system, visible and audible to all present in the courtroom when the system is activated. Thus the proceeding would take place in public view only, as per regular court proceeding".
WMBC had argued that the NRI would not be in the territorial jurisdiction of the proceedings of the court but the judge had repealed their arguments saying, "I don't see any prejudice being caused to any parties in adopting the same system for conducting the hearing which Legislature has not prohibited".
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