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'First Remand Cannot Be Via Video Conferencing' Accused should be physically produced before a Judicial Magistrate in the place of his arrest: Madras HC
On Tuesday Madras High Court held that a person involved in an offence in Tamil Nadu/Puducherry, but arrested in a place outside the region, shall be physically produced before a Judicial/Metropolitan Magistrate in the place of his arrest, though the said Magistrate may not have the jurisdiction.
The Madurai Seat of the High Court clarified that after such accused is remanded to judicial custody, he might be produced before the Jurisdictional Court in Tamil Nadu/Puducherry for the first time via video-conferencing.
The aforesaid direction was in view the Court's observation of "certain difficulties in respect of production of accused involved in a case in Tamil Nadu/Puducherry, but, arrested outside the State, as inter-State transport has been suspended", said by the Division Bench of Justices of P. N. Prakash and B. Pugalendhi.
Under Rule 6(1) of the Tamil Nadu Criminal Rules of Practice, 2019, first remand cannot be via video linkage, but by physical production of the accused before the Court, acknowledged by The Division Bench.
The said Rule specifies that No accused shall be positioned under remand for the first time, unless he is produced physically. The Judge/Magistrate shall see if there is any injury on the person of the accused, at the time of remand. Any such injury shall be recorded in the remand order as well as remand warrant. Making extensions of remand through the medium of electronic video linkage is permissible.
The emphasis of this Rule by the Court accepts criticalness in the light of the ongoing horrendous custodial deaths of a father-son duo in the state, of which Suo-motu cognisance has been taken by a similar division seat.
The case has brought up troubling issues about Magistrates fulfilling their obligation in ensuring protection of life and personal liberty against arbitrary assaults of the police.
What has come to the front as a major lapse in the case is that, according to preliminary reports, Jeyaraj and Bennix had been remanded despite both of them being severely injured. Inquisitively, the FIR in the instant case also mentioned that the accused had "suffered internal injuries".
In this regard, it is to be noted that Section 167(2)(b) of the Code of Criminal Procedure demands on the physical production of the accused before the Magistrate at the first instance. The provision permits production through video conferencing only for subsequent extension of remands. This is to make sure that the accused is physically examined by the means of at the Magistrate at the first instance. If appropriately complied, this provision acts as a safeguard against custodial violence.
Numerous courts have diluted the mandatory requirement of physical production of accused for the purposes of first remand, in the light of Coivd-19 Pandemic.
The video conferencing rules adopted by Delhi High Court states that in exceptional circumstances, judicial remand in the first instance or police remand can be granted through video conferencing for reasons recorded in writing.
The Karnataka HC in the wake of COVID-19 pandemic, despite the bar under Section 167(2)(a) CrPC ruled that a Magistrate can authorize the remand of an accused for the first time via video conferencing in exceptional circumstances.
The division bench at the Madurai Seat, on Tuesday, found that "the COVID19 pandemic situation has not reduced and is, in fact, increasing resulting in lockdown announced by the State Government. Inter-state transport has not been resumed".
In such view on the issue, the bench directed the extension of various interim orders till July 31 subject to the right of the aggrieved party to move for vacating the order wherein it reasons undue prejudice. The bench additionally directed that all remands both under Section 167 Cr.P.C. and Section 309 Cr.P.C., will stand extended until July 31 without prejudice to the right of the prisoner to be released on bail in the meanwhile.
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