FIRST TIME: Court allows outstation accused to appear virtually under High Court's Video Conferencing rules
14/08/2025
RAJOURI, Aug 13: In a landmark move towards digital transformation in the justice delivery system, the Court of the Special Mobile Magistrate in Rajouri has, for the first time, permitted an accused to appear through virtual mode, invoking the Video Conferencing (Nyaya Shruti) Rules, 2025 notified by the High Court of Jammu & Kashmir and Ladakh.
Presided over by Mr. Rayaz Ahmed, the court passed the significant order on August 12, 2025, allowing the accused, Kajal Sahani, to attend proceedings via video conferencing, citing severe health issues and domestic responsibilities.
The application, filed by a woman from Jammu, was moved through Advocate A.K. Sawhney, assisted by Advocate Mohd. Kashif Malik and Intern Mr. Imnan. The applicant highlighted her neurological condition, ongoing treatment under Dr. Razdan, and her role as a mother of small children, rendering her unfit to travel from Jammu to Rajouri.
The court was urged to consider the Video Conferencing Rules (Notification No. 135 of 2025/RG, dated 08.04.2025), which were formulated under Section 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The rules explicitly permit proceedings-including the examination of witnesses and recording of evidence-to be conducted electronically.
In its detailed order, the court noted that non-bailable warrants had been issued on July 10 due to the absence of the accused. However, after considering the medical evidence and the High Court's notification, the Magistrate recalled the warrant and allowed virtual appearance for accused Kajal Sahani, while also exempting co-accused Varun Gupta from personal appearance for the next two dates owing to his treatment at a rehabilitation centre.
"It will be in the interest of justice to recall the warrant issued… The exemption is allowed and accused No.1 is permitted to appear through virtual mode in light of the Rules framed by the Hon'ble High Court," the court stated in its order.
Legal professionals and rights activists have welcomed the decision as a precedent-setting step for trial courts in remote areas like Rajouri. Experts believe this move will significantly aid in avoiding unnecessary delays, especially when parties or witnesses are unable to be physically present due to health, distance, or other compelling reasons.
The High Court's initiative, under its constitutional powers and the enabling provisions of the BNSS, aims to bring greater efficiency, accessibility, and inclusivity to the legal system by leveraging technology. With this first implementation in Rajouri, the judiciary takes a definitive step toward ensuring "justice at the doorstep."
This order is expected to pave the way for broader adoption of video conferencing across courts in Jammu & Kashmir and Ladakh, contributing to a faster and more accessible judicial process in line with national digital justice reforms.
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