Absence Of Medical Certificate Can't Defeat Plea For Virtual Evidence Recording Due To Physical Infirmity: P&H High Court
The Punjab and Haryana High Court has held that trial court cannot reject a person's application for recording evidence through video conferencing solely on the ground that no medical certificate was furnished for citing physical infirmity. Justice Deepinder Singh Nalwa observed that Video Conferencing Rules, framed by the High Court under Articles 225 and 227, provide for recording of...
The Punjab and Haryana High Court has held that trial court cannot reject a person's application for recording evidence through video conferencing solely on the ground that no medical certificate was furnished for citing physical infirmity.
Justice Deepinder Singh Nalwa observed that Video Conferencing Rules, framed by the High Court under Articles 225 and 227, provide for recording of evidence through video conferencing of a person who, on account of sickness or physical infirmity, is unable to reach the Court Point or the Remote Point.
“The mere absence of a medical certificate at the stage of consideration of the application could not be made the basis for rejecting the prayer, particularly when the Rules themselves provide for recording of evidence through video conferencing in appropriate cases of physical infirmity,” the Court said.
The Court noted that the Rules also provide safeguards to protect the integrity and authenticity of the proceedings.
It added, “The Rules also contemplate adequate safeguards to ensure the sanctity and authenticity of the proceedings, including verification of identity, administration of oath, recording of objections, preservation of the audio-visual recording and incorporation of the signed transcript on the judicial record.”
The Court took into account the age and health of the petitioner-plaintiff— 72-years-old suffering from Arthritis, who has been advised knee replacement— and set aside the trial court order that had rejected the petitioner's application to record evidence through video conferencing.
The Court allowed the petitioner to file a fresh application seeking permission to record her evidence through video conferencing along with other documents before the trial court, and said, “In case such an application is filed, the Trial Court shall consider the same in accordance with law and in the light of the Video Conferencing Rules framed by this Court, particularly the provisions relating to examination of persons through video conferencing, as well as the medical condition and age of the petitioner-plaintiff.”
Case: DALJITINDER KAUR @ DALJIT INDER ARORA vs AMARINDER SINGH BRAR AND ORS.,
CR-6441-2026(O&M)