IHC explains when the presence of accused can be marked through video link

ISLAMABAD: The Islamabad High Court (IHC) has observed that presence of accused can be marked through video link in bail before arrest with prior permission of the court for hearings not meant for final adjudication and in case of initial filing of the application and final adjudication the presence of the accused/ petitioner is a must.

Likewise, it said that evidence of the prosecution can be recorded and the presence of the petitioner can be marked through video link but his statement under section 342 CrPC can only be recorded by physical presence.

Besides this, the IHC bench has instructed its registrar to ask the competent authority for framing rules for recording of evidence through video conferencing and utilization of modern techniques in courts.

A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq issued the directions in his 14-page detailed verdict on a petition filed by Imran Khan Chairman Pakistan Tehreek-e-Insaf (PTI).

In his petition, Imran had requested the IHC to direct the relevant authorities to make arrangements for his participation and appearance in all cases within the jurisdiction of the IHC or under the administrative arrangements of the state anywhere in the country through video-link.

Imran stated that the petitioner is facing multiple inquiries/ investigations and criminal cases pending mostly in Islamabad but also in other parts of the country. Therefore, he prayed that the Respondents may kindly be directed to make arrangements for the participation and appearance of the petitioner in all cases within the jurisdiction of this court or under the administrative arrangements of the State anywhere in the country through video-link.

“In the alternative, as regards cases in the Islamabad Capital Territory the Respondents may kindly be directed to conduct hearings at the Federal Judicial Complex at such times as are likely to cause minimal disruption to other judicial work.

The Respondent State and the Inspector General of Police, Islamabad may kindly be directed to provide comprehensive security to the Petitioner within the Islamabad Capital Territory, as well as, on the motorways and the national highways, particularly at the time of Court appearances,” maintained the petitioner.

While disposing of the petition, the Justice Aamer noted that Pakistan’s criminal justice system is in dire need of re-engineering its processes, optimizing the use of human resources and bringing about the changes in the law to utilize information and communications technology to its maximum.

The IHC Chief Justice said that like other judicial systems, our present Criminal Justice System is in dire need of re-engineering its processes, optimizing the use of human resources and bringing about the changes in the law to utilize in the information and communications technology to its maximum.

“The changes in law and the rules with said purpose in mind will and can revolutionize the justice system and improve not only the quality of judgments but also the quantity and will enable the Courts in expeditious dispensation of justice,” maintained the judge.

He observed that use of modern technologies for dispensation of justice is being put to use in various judicial systems, especially in the West and also has seen progress in leaps and bounds across the border where laws are quite similar to ours.

The IHC CJ added, “It is unfortunate that to make laws compatible with development in the modern technologies qua information and communications has failed to attract the attention of our legislature in general and even the Law and Justice Commission of Pakistan in particular. Availability of modern means of communications like internet at least in all major cities of Pakistan is readily available; however, is not being used potentially as it should be.”

He further said, “We, as a country cannot remain ignorant of the fact that future lies in adoption of modern information and communications technologies, rather in days to come artificial intelligence can and would bypass human resources, as well.

The Government of the day and all the future governments, as well as, the Law and Justice Commission of Pakistan on urgent basis need to put all endeavours in making the judicial system in general and criminal justice system in particular compatible with modern technology.”

The IHC Chief Justice continued that our Criminal Justice System requires presence and attendance of an accused person at various stages, including pre- trial and during the course of trial.

However, he said that it is reiterated that presence of accused can be marked through video link in bail before arrest with prior permission of the presiding officer/ Court for hearings not meant for final adjudication and in case of initial filing of the application and final adjudication, presence of the accused/ petitioner is a must.

Likewise, evidence of the prosecution can be recorded and the presence of the petitioner can be marked through video link but his statement under section 342 CrPC can only be recorded by physical presence.

The IHC bench said that this Court does have jurisdiction to frame rules under sections 365 and 554 of CrPC and the same should be done in order to bring the mannerism of recording of evidence at par with modern needs and also bringing certainty in this field as the matter should not be left to the whims of the presiding officer.

Copyright Business Recorder, 2023