Repeated Custodial Transfers Strain Police, Exchequer: Rajasthan High Court Permits Accused Booked In 100+ FIRs To Attend Trials Via VC

While allowing the petitioners, accused in over 100 FIRs to appear in proceedings through video conferencing, Rajasthan High Court specified the practical difficulties in cases where an accused was implicated in hundreds of FIRs, including systemic implications of repeated inter-state custodial production. The bench of Justice Farjand Ali held that in such circumstances, unless there were compelling reasons requiring in-person presence, feasibility of securing appearance through video conferencing deserved serious consideration. “If the presence of the accused is not in dispute and identification is not a matter of contest, and the sole object is to secure a formal appearance, the question that arises is whether the mechanical issuance of production warrants, entailing the physical transportation of the accused with a sizeable escort, is justified in every case. When such exercise becomes a recurring monthly ritual, four times a month or every week, the cumulative financial and administrative burden is substantial.”The Court was hearing a petition seeking permission to the petitioners for attending and participating in all criminal trials pending against them through video conferencing. The petitioners were facing more than 100 FIRs registered in different districts of Rajasthan. After hearing the contentions, the Court perused the statutory framework governing appearance through VC, and referred to the G.S.R 311 dated May 13th, 2011. It was highlighted that Schedule II provided the format in which the application had to be submitted. However, it was observed that considering the huge number of cases against the petitioners, insistence upon separate applications in the prescribed format would render the process unduly onerous and impracticable. In this light, the Court held, “Having regard to the object and spirit of the VC Rules, namely, to facilitate access to justice and ensure expeditious conduct of proceedings through technological means, this Court deems it appropriate…to issue necessary directions permitting the petitioners to appear through video conferencing in all the pending trials arising out of the FIRs in question, subject, of course, to compliance with the safeguards and protocol prescribed under the Rules.”Furthermore, the Court highlighted various challenges with inter-state custodial productions. It was observed that each of such productions required constitution of an escort involving 4-5 police officers who were disengaged from their regular duties. Such task imposed a strain on the policing structure. The Court further highlighted the costs that were entailed in such productions that came out of public exchequer. It was stated that where secure VC infrastructure was available, such repeated expenditure were not commensurate with the procedural objective sought to be achieved. The Court also considered the huge demand of coordination between prison authorities, district police units and courts that frequently resulted in adjournments and procedural delays, thus generating avoidable congestion in the judicial process. Reference was made to the vulnerabilities that such long-distance travel involved both to the prisoners as well as the escort personnel. Further, the Court opined that repeated custodial transfers were only rotational movement that did not advance justice, rather appeared procedurally redundant and administratively burdensome. Further, while underscoring the right to a fair, just and reasonable procedure under Article 21, the Court held that, “when a less intrusive yet equally efficacious alternative exists, the constitutional principle of proportionality requires that procedural mechanisms be aligned with reasonableness rather than rigidity.”In the background of all these practical difficulties, it was observed, “Permitting appearance through Video Conferencing does not, in any manner, erode the authority or supervisory control of the concerned Court…State's administrative capacity is preserved, financial strain is alleviated and security risks are mitigated. A structured approach, where physical production is insisted only upon recording specific and compelling reasons would balance the majesty of the judicial process with pragmatic governance.”It was opined that in cases involving multiplicity of proceedings, using VC would be better to secure the ends of justice, conserving public resources and upholding constitutional mandate of fairness and proportionality. Accordingly, the petition was allowed with directions to the jail authorities to ensure requisite facilities to the petitioners to appear through VC. Title: Ranveer Singh & Ors. v State of Rajasthan & Ors.Citation: 2026 LiveLaw (Raj) 120Click Here To Read/Download Order

Repeated Custodial Transfers Strain Police, Exchequer: Rajasthan High Court Permits Accused Booked In 100+ FIRs To Attend Trials Via VC

Nupur Agrawal

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