NEW DELHI,August21,2012: The Indian judicial system appears to be catching up with the West.Broadening the scope of video conferencing in court cases, still very restricted in the country, the Calcutta high court recently permitted an NRI doctor based in the US to oppose a petition through video conferencing on Skype. Justice Aniruddha Bose allowed Dr Kunal Saha to give oral submissions through Skype and participate in live court hearings where two doctors from the state have challenged cancellation of their medical license by the Medical Council of India. Till now video conferencing as a tool has been primarily utilized for examination of witness or recording of evidence but not for allowing a litigant to argue his case.The Calcutta HC's landmark decision came on Dr Saha's plea, where he urged the court to either fast-track the case to wrap up his arguments during the period he remains in India, or permit him to oppose the two doctors application from his base in Hillard in State of Ohio, US. HC deemed it fit to allow his plea for fighting the case through "live video conferencing", brushing aside objections by the West Bengal Medical Council that insisted Dr Saha be present in person to fight the case or not be heard at all.
Justice Bose pointed out there is no restriction on use of the facility under the laws, even if they don't clearly spell out under what circumstances it might be used. "The presence of Dr Saha would be through the computer screen and its audio system, visible and audible to all present in the courtroom when the system is activated. Thus the proceeding would take place in public view only, as per regular court proceeding," Justice Bose observed.HC also rejected the argument by WBMC that the NRI would be outside the territorial jurisdiction of the court yet participate in the proceedings. "If the system can be followed for examining a witness, which the Legislature has prescribed, I don't see any prejudice being caused to any parties in adopting the same system for conducting the hearing which Legislature has not prohibited," HC said.