The Punjab & Haryana High Court has ruled that undertrial prisoners facing a genuine threat to their lives may be allowed to appear before courts through video conferencing instead of being produced physically on every hearing. Justice Alok Jain passed the order while disposing of a petition filed by Naresh Yadav alias Sethi, who sought security during his transfer from Tihar Jail to courts in Haryana, particularly in Jhajjar. The petitioner claimed that he faced a serious threat from notorious gangster groups operating in the state.
The High Court observed that if there is a real security concern and the accused agrees not to challenge the proceedings later on the ground of appearing virtually, regular court appearances may be conducted through video conferencing. However, the court clarified that if the trial court considers the accused’s physical presence necessary for purposes such as identification or any other judicial requirement, the accused must be produced in person. In such cases, the Haryana government will be responsible for ensuring adequate security during transit and court proceedings.
During the hearing, the petitioner’s counsel relied on a similar order passed by a coordinate bench on August 7, 2023, where virtual appearances were permitted in comparable circumstances. The High Court reiterated the same principle while deciding the present case. The Haryana government did not oppose the request but argued that the petitioner should not seek any future legal advantage solely because he was allowed to appear through video conferencing. It also pointed out that the petition did not specifically identify the individuals or groups allegedly posing the threat. After hearing both sides, the High Court disposed of the petition in line with its earlier ruling, while incorporating the state’s objection into the order, without expressing any opinion on the merits of the case.
