Delhi High Court Rules Videography Mandatory for Bail Hearings in SC/ST Act Cases
The Delhi High Court has ruled that videography of bail hearings is mandatory under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, even in cases involving sexual offences. This decision was made during the bail application hearing of Laxmi Narayan, who is accused in a minor rape and murder case.
Justice Vikas Mahajan’s Statement
Justice Vikas Mahajan stated that the provisions of Section 15A (10) of the Act are mandatory, and the current bail proceedings must be video recorded. He clarified that there is no inconsistency between recording bail proceedings to protect victims’ rights and laws protecting the identity of female victims.
Arguments Presented
Advocate Mehmood Pracha, representing the complainant, argued that all proceedings under the Act, including the current one, should be video recorded. He emphasized that the complainant, belonging to the Scheduled Caste community, is a victim under the Act.
Additional Public Prosecutor Ritesh Kumar Bahri referred to Supreme Court decisions and laws that protect the identity of sexual offence victims, arguing that these laws should override the video recording requirement. However, Advocate Pracha countered that video recordings would only be accessible to the victim, ensuring their identity remains protected.
Conclusion
The High Court concluded that the legislature intended for Section 15A(10) to be complied with in cases involving sexual offences under the Act and the IPC, ensuring the protection of victims’ identities while mandating video recording of bail proceedings.
Doubts Revealed
Delhi High Court -: The Delhi High Court is a big court in Delhi, India, where important legal decisions are made.
Videography -: Videography means recording something using a video camera.
Bail Hearings -: Bail hearings are meetings in court to decide if a person who is accused of a crime can be released from jail while waiting for their trial.
SC/ST Act -: The SC/ST Act is a law in India that protects people from Scheduled Castes and Scheduled Tribes from unfair treatment and crimes.
Scheduled Castes and Scheduled Tribes -: Scheduled Castes and Scheduled Tribes are groups of people in India who have been historically disadvantaged and are given special protections by the government.
Justice Vikas Mahajan -: Justice Vikas Mahajan is a judge in the Delhi High Court who makes important legal decisions.
Victims’ rights -: Victims’ rights are the protections and help given to people who have been harmed by crimes.
Laxmi Narayan -: Laxmi Narayan is the name of the person accused in the case mentioned in the summary.
Minor rape and murder case -: A minor rape and murder case involves a serious crime where a young person has been harmed and killed.
Victim identity -: Victim identity means the personal details of the person who has been harmed by a crime.
