Proceedings under SC/ST Act should be video recorded even if held in open court: Bombay High Court

The Bombay High Court on Wednesday held that all proceedings under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) have to be video recorded even if they are held in open court [Dr Hema Ahuja v. State of Maharashtra & Anr]. .A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Sarang V Kotwal noted the lack of video recording facilities in courts across the State of Maharashtra. However, under the Act, it is the duty of State government to provide these facilities, the bench opined."We direct the State Government to provide the facility of video recording in all the Courts in the State of Maharashtra wherever the proceedings under the Atrocities Act are to be taken up. This shall be done at the earliest," the Court ordered. .The High Court, however, clarified that courts need not halt its proceedings till such facilities are provided and can continue hearing cases without video recording. "Till the time such facilities are provided, the Courts where the facilities are not provided, may proceed without video recording the proceedings especially when the personal liberty of an accused is at stake," the order said. .The observations by the Court came in a reference which was made by a single-judge while hearing a criminal appeal seeking bail in a case under the SC/ST Act.The appellants, medical students in a postgraduate course at TN Topiwala National Medical College, were accused of ragging and making casteist remarks against a student forcing her to take her own life. .During the course of hearing of the appeal, the matter was placed before a single-judge (retired Justice Dama Seshadri Naidu) who held that proceedings ought to be video recorded considering the object of the SC/ST Act. Later the matter was adjourned, and when it came up subsequently before another single-judge, then Justice Sadhana Jadhav, she took a view contrary to Justice Naidu. Accordingly, a reference was made to a larger bench. .Section 15A (10) of the SC/ST Act provides that all proceedings relating to offences under the Act shall be video recorded.The division bench today held that this was a mandatory provision and not directory."The ‘proceedings’ under Section 15-A(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would cover all proceedings including a ‘judicial proceeding’. The section 15A(10) can be implemented in the absence of rules framed under the Act or formulation of a scheme for implementation," the Court held.It further clarified that this judgment would apply prospectively and will not affect past proceedings which have not been recorded.