HIGH COURT OF KARNATAKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On the earlier dates, we have heard the learned counsel on the issue of conducting remand proceedings under Section 167 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') by use of Video Conferencing(electronic video linkage). This is in the context of a very exceptional situation created by spread of Novel Corona Virus. During last three weeks, the number of persons tested positive for Novel Corona Virus (COVID 19) in the State is ever rising. There are few instances in the State where immediately after remand proceedings, either the accused or the police personnel who brought the accused to the Court of a learned Magistrate were tested positive. Due to such situation, two judicial officers in the State and the members of the staff working in the Court have been forced to undergo fourteen days' quarantine. In one case, where a police personnel who brought the accused before the Court for remand proceedings was tested positive. As a result, the concerned Public Prosecutor who appeared before the Court and two learned Advocates who were present before the Court for representing the accused are also undergoing home quarantine for fourteen days. As a result of these incidents, the concerned Courts were required to be kept closed for one or two days for the purpose of sanitization.

(2.) With the assistance of the learned Senior Counsel appearing before us and especially Shri C.V. Nagesh, we have gone through the legal provisions touching the controversy. There are three relevant provisions which are material.

(3.) The first is clause (2) of Article 22 of the Constitution of India which reads thus: