Even appeal proceedings seeking registration of FIR under SC/ST Act should be video recorded: Bombay High Court

The Bombay High Court recently ruled that every proceeding under the under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), including appeal proceedings seeking registration of a first information report (FIR) under the Act, should be video recorded. .Single-judge Justice Sandeep Marne said that as per the earlier decision of the High Court in Dr. Hema Suresh Ahuja & Ors. vs. The State of Maharashtra, 'any proceeding' under the SC/ST Act has to be video recorded and even appeal proceedings seeking registration of FIR, would be covered by the expression ‘any proceeding’.This precedent clarified that all proceedings under the SC/ST Act, including those involving appeals, should be video recorded to ensure the protection of victims and witnesses."Since the Division Bench of this Court has held that “any proceeding” relating to the SC & ST Act need to be video recorded, in my view, even a proceeding seeking registration of FIR would be covered by the expression ‘any proceeding’ used by Division Bench in paragraph 34(2) of the judgment in Dr. Hema Suresh Ahuja (supra). In that view of the matter, it would be appropriate to direct video recording hearing of the Criminal Appeal considering the ratio laid down by Division Bench of this Court in Dr. Hema Suresh Ahuja," the Court said in its order passed on September 3. The order was passed on an interim application requesting that the appeal proceedings be recorded on video..In the case at hand, the applicants argued that recording the appeal was necessary to comply with this ruling. They highlighted that the Division Bench in Ahuja had affirmed that the term “any proceeding” under the SC/ST Act encompasses all stages of legal processes including appeals..The opposing counsel contested this and argued that since no offence under the SC/ST Act had been formally registered yet, the video recording requirement should not apply at this stage. They claimed that the appeal was not directly related to an offence under the Act.The Court disagreed with the latter's argument.It ruled in favour of the applicants and emphasised that the Division Bench's interpretation in Ahuja covered all proceedings related to the SC/ST Act including appeals seeking registration of FIR. .Advocates Altaf Khan, Akash Mangalgi and Mohan Chavan appeared for the applicants.Advocate Yugandhara Khanwilkar appeared for respondents.Additional Public Prosecutor Shilpa K Gajare-Dhumal represented the State of Maharashtra.[Read Order]