VIKRAM SINGH INDROI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal writ petition under Article 226 of the Constitution of India has been preferred on behalf of the petitioners seeking permission to attend the pending criminal trials against him through video conferencing.

(2.) The petitioner is accused in multiple cases and is compelled to face criminal proceedings in the form of various FIR's filed almost in every State of Rajasthan and it may increase in future. This Court vide order dtd. 23/8/2024 addressed the issue of multiple FIRs against the accused of financial crimes, leading to 259 cases across various districts. This court recognized the procedural burden and potential violation of his right to a fair and speedy trial under Article 21 of the Constitution. This court has consolidated the cases into groups based on geographical proximity to facilitate a more efficient judicial process and directed the transfer of cases to specific district courts for consolidated trials, ensuring a fair trial without expressing any opinion on the merits of the allegations.

(3.) After perusing the material available on record and considering the submissions made, it is evident that the present petitioner seeks permission for attending the criminal trials pending against him through video conferencing. To start with, it is not feasible for the accused to be physically present at multiple locations simultaneously. In the event of simultaneous proceedings, his physical absence leads to adjournments, thereby causing unnecessary delay. It has also been noticed that, in accordance with Sec. 273 of the Criminal Procedure Code (hereinafter to be referred as "CrPC"), there exists no legal impediment if the accused is represented by his counsel. The relevant provision mandates that evidence be taken in the presence of the accused or, when his personal presence is dispensed with, in the presence of his pleader. Thus, if required, the jail authorities may be directed to coordinate and ensure the accused's presence through video conferencing. This would enable the proceedings to continue effectively and prevent them from being rendered idle or infructuous merely due to the absence of the accused.