The Kerala High Court has issued a revised advisory on the functioning of subordinate courts which includes hearing of bail applications through videoconferencing.
The advisory also said that production of undertrials for the first remand and extension of remand may be done through video linkages as directed earlier except where police custody is to be given or the presence of the accused is essential for trials or such other reason.
It also directed that when there is more than one accused in a case, necessary directions for keeping distance in the dock shall be given to them. As far as possible no unnecessary adjournments shall be granted in more than five-year-old cases and in which speedy trials/time-bound disposals had been ordered by a higher court.
Genuine reasons
The advisory also directed that courts must adopt a liberal approach, but at the same time courts have to ensure that the absence of a party or witness is due to genuine reasons and COVID-19 restrictions are not used as a ruse to justify his/her absence in cases where his/her presence is insisted by the court.
It has also been ordered that a reasonable number of witnesses alone be summoned on a particular day. Examination of witnesses through videoconferencing can be done wherever possible following the guidelines in its earlier office memorandum. Besides, crowding shall not be permitted in court halls or on court premises under any circumstances. The presence of parties shall be insisted on only if necessary and the party voluntarily coming to the courts should be allowed entry only if he/she carries a letter issued by his/her counsel stating that his/her presence on that day is very essential.
