Kerala High Court Embraces Technology for Justice Delivery

Court Permits Accused to Participate in Proceedings via Video Link Due to Employment Abroad

In a landmark decision, the Kerala High Court has allowed the petitioner, Rameshan, who is currently employed overseas, to answer questions under Section 351 of the Bharatiya Nagarika Suraksha Sanhita, 2023, through electronic video linkage. The judgment, delivered by Justice C.S. Dias, reflects the Court's commitment to integrating technology into the judicial process, thereby enhancing procedural efficiency and access to justice.

Rameshan, the second accused in a trial arising from a 2017 case under the Kerala Abkari Act, was unable to attend court proceedings in person due to his employment abroad. Previously granted a permanent exemption from personal appearance, Rameshan faced a setback when his application to have his counsel answer questions on his behalf was dismissed by the Trial Court for lack of a supporting affidavit.

The Kerala High Court, recognizing the legislative intent to modernize procedural law in line with contemporary realities, overturned the Trial Court's decision. Justice Dias emphasized the importance of technology in justice delivery, particularly in light of the Electronic Video Linkage Rules for Courts (Kerala), 2021, which facilitate judicial proceedings via video conferencing.

Highlighting the precedents set by the Supreme Court, the Court reiterated that in cases of exigency, the accused could be permitted to submit written statements or participate via electronic means, provided certain conditions are met. The Court's decision aligns with the legislative and judicial policy to promote access to justice and procedural efficiency through technological integration.

The judgment also draws attention to the transformative impact of the COVID-19 pandemic, which accelerated the adoption of digital tools in the judicial system. The Court noted that hybrid hearings have become integral to the system, ensuring that justice remains accessible and efficient.

In compliance with the Linkage Rules, Rameshan is required to submit an application digitally signed, affirming his identity and adherence to the prescribed procedures. The Court has directed that all further proceedings be deferred until the Trial Court processes the application.

This decision marks a significant step towards a modern, technology-driven justice system, upholding the vision of accessible and efficient legal processes that accommodate the realities of global employment and technological advancements.

Statutory provision(s): Bharatiya Nagarika Suraksha Sanhita, 2023 Section 351, Electronic Video Linkage Rules for Courts (Kerala), 2021

Rameshan v. State of Kerala, (Kerala) : Law Finder Doc Id # 2796721