The Punjab and Haryana High Court has prescribed multipoint video conferencing for recording the evidence of medical experts; and has directed the setting up of video conferencing rooms in civil hospitals.
A Division Bench of the High Court has set up a six-month deadline for the purpose. It has set aside its own directions to the doctors to submit medical reports through affidavit in “clear terms with correct spelling”.
In a first, the Bench of Justice Hemant Gupta and Justice Fateh Deep Singh has, in fact, issued 10 commandments, while taking up an appeal filed by the State of Punjab against Mohinder Singh. The Bench has made it clear that the court would organise two-way or three-way cloud-based video conferencing among the court, the medical expert and the jail, if the accused is in custody.
The public prosecutor in criminal cases, advocate for claimant in an accident cases, or any other counsel wishing to examine a medical expert would disclose the place of posting of the doctor concerned, along with his e-mail ID or contact number. The photocopies or the soft copies of the documents to be proved by examining the medical expert would be forwarded to him.
The court would allow preparation of photocopies of relevant documents, if these were unavailable. If such documents were in possession of a third person or party, a simultaneous direction would be issued by the court requiring him to make these available in the court at the time of Internet video conferencing.
The court concerned would fix a date “before which the examination-in-chief would be furnished by the medical expert” to the court. It would, in turn, fix a date for cross-examination “giving tentative time slot for online video conferencing until mechanism of booking of slots is put in place”. The doctor would confirm his availability.
The High Court Registrar (computerisation) would be the co-coordinator “to facilitate the mechanism of recording such evidence, including development of module for fixation of time slot”. In case of any difficulty in implementing the directions, the state governments, medical experts and judicial officers may give suggestions “which shall be given effect to as far as possible.”
The Bench added the medical experts may go to the district court, the DC office or the NIC office, till the establishment of studios in civil hospitals.
Article Source: Docs to give evidence via video conferencing: HC
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