AFTAB ANWAR SHAIKH v. THE STATE OF MAHARASHTRA SLP (CrlP No. 8212/2024)

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AFTAB ANWAR SHAIKH v. THE STATE OF MAHARASHTRA SLP (CrlP No. 8212/2024)

Facts: The Court has sought an affidavit from the Secretary of the Maharashtra Government's Home Department regarding why video conferencing facilities are not being used to produce the accused. The Court observed that the trial in the case had been adjourned on 30 occasions due to the accused's failure to appear in person. The bench, comprising Justices Rajesh Bindal and R. Mahadevan, passed this order while noting the repeated adjournments caused by the absence of the accused.

Issue:Why are video conferencing facilities not being used to produce the accused?

Observation: The Court directed the Registrar General of the Bombay High Court to file an affidavit addressing the following points:

1. The Secretary of the Home Department, State of Maharashtra, is required to file an affidavit explaining why video conferencing facilities are not being used for the production of the accused

in court for the purpose of recording evidence or other proceedings.

2. The affidavit should clarify whether such facilities are available in the state and if so, how much funding has been allocated for the installation of video conferencing systems in courts and jails.

3. The affidavit should also provide the current status of these facilities and any ongoing issues preventing their use.