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Section 20: Conduct of Proceedings

The High Court of Uttarakhand Electronic Communication and Audio-Video Electronic Means (Nyay Shruti) Rules, 2025State Rules of Uttarakhand · 2023

20.1 All advocates, required persons, the party in person or any other person permitted by the Court to remain physically or virtually present (hereinafter collectively referred to as participants), shall have their presence recorded.

However, in case participants are desirous that their face or name be masked, information to that effect shall be furnished to the Court Point coordinator prior to the commencement of proceedings for the approval of the court.

20.2 All Advocates, Required Persons, the party in person and/or any other person permitted by the Court to remain physically or virtually present (hereinafter collectively referred to as participants) shall abide by the requirements set out in Schedule IV.

20.3 The Court Point coordinator shall send the live link on mobile number furnished by the participants permitted to be virtually present in the Court.

Once the proceedings have commenced, no other person shall be permitted to participate in the virtual hearing, except with the permission of Court.

20.4 Participation in the proceedings through video conferencing shall constitute consent by the participants to the proceedings being recorded.

20.5 Establishment and disconnection of links between the Court Point and the remote point shall be regulated by orders of the Court.

20.6 The court shall satisfy itself that the advocate, required person or any other participant that the court deems necessary at the remote point or the Court Point can be seen and heard clearly and can clearly see and hear the court.

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20.7 To ensure that video conferencing is conducted seamlessly, the difficulties, if any, experienced in connectivity must be brought to the notice of the Court at the earliest on the mobile number of the Court Point coordinator which has been furnished to the participant before the commencement of the video conferencing. No complaint shall be entertained subsequently.

21. Third parties to the case-

21.1 Third parties may be allowed to remain present during video conferencing only upon a specific order of the Court. However, they shall be passive participants and shall not be allowed to make any submission without permission of the Court.

21.2 Where, for any reason, a person unconnected with the case is present at the remote point, that person shall be identified by the coordinator at the remote point at the beginning of the proceedings and the purpose of the presence of that person shall be conveyed to the Court. Such person shall continue to remain present only with the permission of the Court.

22. Costs of Video Conferencing- In the absence of rules prescribed by the concerned Court, the Court may take into consideration the following circumstances when determining and/or apportioning the costs of video conferencing:

a. In criminal cases, the expenses of the video conferencing facility including expenses involved in preparing soft copies/certified copies of the Court record and transmitting the same to the Coordinator at the Remote Point, and the fee payable to the translator/interpreter/special educator, as the case may be, as also the fee payable to the Coordinator at the Remote Point, shall be borne by such party as directed by the Court.

b. Besides the above, the Court may also make an order as to expenses as it considers appropriate, taking into account the rules/instructions regarding payment of expenses to the complainant and witnesses, as may be prevalent from time to time.

c. It shall be open to the Court to waive the costs as warranted in a given situation.

23. Access to Legal Aid Clinics/Camps/Lok Adalats/Jail Adalats- In conformity with the provisions of the Legal Services Authorities Act, 1987 and the laws in force, in proceedings related to Legal Aid Clinics, Camps, Lok Adalats or Jail Adalats, any person who at the Remote Point is in Jail or Prison shall be examined by the Chairman / Secretary of the District Legal Service Authority or Members of Lok Adalats/Permanent Lok Adalat before passing any award or orders as per law and – a. Such award or order shall have the same force as if it was passed by the regular Lok Adalat or Permanent Lok Adalat or Jail Adalat.

b. Copy of the award or order and the record of proceedings shall be sent to the Remote Point.

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24. Allowing persons who are not parties to the case to view the proceedings-To observe the requirement of an open Court proceeding, members of the public will be allowed to view Court hearings conducted through video conferencing, except proceedings ordered for reasons recorded in writing to be conducted in- camera.

The Court shall endeavour to make available sufficient links (consistent with available bandwidth) for accessing the proceedings.

Chapter VI Miscellaneous

25. Power to Relax- The High Court may if satisfied that the operation of any Rule is causing undue hardship, by order dispense with or relax the requirements of that Rule to such extent and subject to such conditions, as may be stipulated to deal with the case in a just and equitable manner.

26. Residual Provisions- Matters concerning which no express provision has been made in these Rules shall be decided by the Court consistent with the principle of furthering the interests of justice.

27. Repeal and Savings- (1) The High Court of Uttarakhand Video Conferencing Rules, 2020 are hereby repealed.

(2) Notwithstanding the repeal, provisions of High Court of Uttarakhand Video Conferencing Rules, 2020 shall apply to:- a. Actions and proceedings commenced before these rules came into force.

b. All notifications/orders published/issued under the Video Conferencing Rules 2020, to the extent they are not repugnant to these rules, shall be deemed to have been made or issued under these rules.

SCHEDULE-I VIDEO CONFERENCING EQUIPMENTS S. EQUIPMENTS CONFIGURATION

1. Computer Device a. Desktop and Laptop or tablet/phone

2. Network and Internet Connectivity a. High-Speed Internet Connection (Minimum Speed of 50 Mbps) that ensures seamless video transmission without lag;

b. Backup Internet Connection- A secondary connection to prevent disruptions;

c. Dedicated LAN/ Wi-Fi Setup that ensures stable and secure connectivity;

3. Video Equipment a. High-Resolution Cameras (Full HD/4K)- To capture clear video feeds of participants;

b. Adjustable and Multiple Camera Angles that enables focusing on the judge, lawyers, accused and/or witnesses;

4. Audio Equipment a. Noise-Canceling Microphones that is capable of reducing background noise and ensures clear audio transmission;

b. High-Quality Speakers that provides clear sound output for participants;

c. Echo Cancellation and Acoustic Treatment for enhanced audio clarity by minimizing reverberation;

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5. Display and Projection Equipment a. Large Display Screens (preferably LED) - For clear visibility of remote participants at least 55 Inch Display or more as per requirement may be deployed.

b. Wherever required, multiple Screen Set-up may be deployed that allows simultaneous viewing of different participants.

6. Software and Encryption Standards a. End-to-End Encrypted Video Conferencing Software that ensures secure communication;

b. Firewall and VPN Protection that prevents unauthorized access;

c. Multi-Factor Authentication (MFA) for Users that ensures identity verification based on login credentials;

d. Secure Login Credentials for each Session in order to limit access to authorized personnel;

7. Recording and Documentation a. Court-Approved Recording Mechanism that allows secure documentation of hearings;

b. Transcription Services may be Automated or manual transcription of court proceedings;

c. Cloud or Local Storage Options may be deployed as the High Court may direct for secure storage for recorded sessions.

8. IT Support and Maintenance a. There shall be a provision of On-Site Technical Team that ensures quick resolution of technical issues;

b. 24/7 Remote IT Support for Hardware and Software which provides assistance for troubleshooting;

c. Regular Equipment Maintenance that ensures uninterrupted functionality;

9. Power Backup 1. Uninterruptible Power Supply (UPS) System may be deployed either by Solar Backup or Online UPS that prevents Power outages from disrupting proceedings;

2. Backup Generators for each court Complex may be provisioned for prolonged power failures, etc.

SCHEDULE-II MINIMUM REQUIREMENTS OF DESIGNATED VIDEO CONFERENCING SOFTWARE

1. Online, real-time collaboration software with features like video, voice, screen sharing, document sharing, presentation, recording etc.

2. The solution should have a whiteboard for flashing messages and recording meetings or sessions;

3. The complete access log of the different users with extended reports, including IP/ Device details/ Application details, should be provided with each meeting room;

4. The platform should be hosted on an India-based data centre with a 100% disaster recovery site;

5. The platform must offer cross-platform functionality, ensuring seamless operation across various operating systems, including Windows, Linux, macOS, IOS etc., to accommodate diverse technology ecosystems of all participants and guarantee a consistent user experience regardless of the operating system used;

6. The platform must be scalable to multi point connectivity with minimum 100 user VC (Nyay Shruti) Rules, 2025 Page 14 logins at a time that may extent up to 500 users;

7. The platform must provide private and confidential Breakout rooms; between multiple users;

8. The platform must be capable of synchronizing and scheduling with cause list of cases by advocates with waiting lobby and automatic pulling according to the cause list;

9. The platform must provide master control facility at Court's end, recording and archiving facility at court point, server or cloud;

10. The platform must provide audit trail facility of the proceedings and also provision of a firewall.

SCHEDULE-III COORDINATOR AT REMOTE POINT S. Where the Advocate or Required Person is at the following Point The Remote Point Coordinator

1. Overseas An official of an Indian Consulate/the relevant Indian Embassy/the relevant High Commission of India;

2. Court of another state or union Territory of India Any authorized official nominated by the concerned District Judge;

3. Mediation Centre or office of District Legal Services Authority Any authorized person/official nominated by the Chairperson or Secretary of the concerned District Legal Services Authority;

4. Jail or prison The concerned Jail Superintendent or Officer-in-charge of the prison;

5. Hospitals administered by the Central Government, the State Government or local bodies Medical Superintendent or an official authorized by them or the person in charge of the said hospital;

6. Observation Home, Special Home, Children’s Home, Shelter Home, or any institution referred to as a Child Care Institution and where the Required Person is a juvenile or a child or a person who is an inmate of such Child Care institution The Superintendent or Officer in charge of that Child Care Institution or an official authorized by them;

7. Women’s Rescue Homes, Protection Homes, Shelter Homes, Nari Niketans or any institution referred to as a women's facility (collectively referred to as women's facilities).

The Superintendent or Officer-in charge of the women's facility or an official authorized by them;

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8. In custody, care or employment of any other government office, organization or institution (collectively referred to as institutional facilities).

The Superintendent or Officer-in charge of the institutional facility or an official authorized by them;

9. Forensic Science Lab The Administrative officer-in-charge or their nominee;

10.

In case of any other location The concerned Court may nominate-any public servant of public official of the concerned department to render services as a Coordinator to ensure that the proceedings are conducted in a fair, impartial and independent manner and according to the directions issued by the Court in that behalf.

SCHEDULE IV

1. All participants shall wear sober attire consistent with the dignity of the proceedings.

Advocates shall be appropriately dressed in professional attire prescribed under the Advocates Act, 1961. Police officials shall appear in the uniform prescribed for police officials under the relevant statute or orders. The attire for judicial officers and court staff will be as specified in the relevant rules prescribed in that behalf by the High Court. The decision of the Presiding Judge or officer as to the dress code will be final.

2. Proceedings shall be conducted at the appointed date and time. Punctuality shall be scrupulously observed.

3. The case will be called out and appearances shall be recorded on the direction of the Court.

4. Every participant shall adhere to the courtesies and protocol that are followed in a physical Court. Judges will be addressed as "Madam/Sir" or "Your Honour" or as per prevailing practice of address. Officers will be addressed by their designation such as "Bench Officer/Court Master/Reader/Peshkar etc". Advocates will be addressed as "Learned Counsel/Senior Counsel or as per prevailing practice of address".

5. Advocates, Required Persons, parties in person and other participants shall keep their microphones muted till they are called upon to make submissions.

6. Remote Users shall ensure that their devices are free from malware.

7. Remote Users and the Coordinator at the Remote Point shall ensure that the Remote Point is situated in a quiet location, is properly secured and has sufficient internet coverage. Any unwarranted disturbance caused during video conferencing may if the Presiding Judge so directs render the proceedings non-est.

8. All participant’s cell phones shall remain switched off or in airplane mode during the proceedings except where such phone is being used as a tool for assisting the videoconferencing itself.

9. All participants should endeavor to look into the camera, remain attentive and not engage in any other activity during the proceedings.

10. Background noise, unnecessary movements, and interruptions must be minimized to maintain the decorum of judicial proceedings.

11. The use of offensive language, disrespectful behavior, or non-compliance with judicial instructions may lead to immediate removal from the session and potential legal consequences.

12. Only court have the discretion to mute or remove any participant violating these conduct rules.

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SCHEDULE V Request Form for Video Conference

1. Case Number/CNR Number (if any)

2. Cause Title

3. Proposed Date of conference (DD/MM/YYYY): ____________________________

4. Location of the Court Point(s): __________________________________

5. Location of the Remote Point(s): _________________________

6. Names & Designation of the Participants at the Remote Point: _______________

7. Reasons for Video Conferencing:

In the matter of

8. Nature of Proceedings; Final Hearing Motion Hearing Others I have read and understood the provisions of "The High Court of Uttarakhand Electronic Communication and Audio-Video Electronic Means (Nyay Shruti) Rules,

2025. I undertake to remain bound by the same to the extent applicable to me. I agree to pay video conferencing charges if so, directed by the Court.

Signature of the applicant/authorized signatory:

Date:

A) Bench assigned/Court Name:

B) Hearing:

Held on (DD/MM/YYYY):

Commencement Time:

End time:

Number of approximate hours:

C) Costs:

Overseas transmission charges if any.

To be Incurred by Applicant/Respondent:

To be shared equally:

Waived; as ordered by the Court Signature of the authorised officer.

Date:

_______________________________________________________________________ For use of the Registry/Court Point Coordinator ********************************************* BY ORDER OF HON’BLE THE CHIEF JUSTICE -Sd- (Kahkasha Khan) REGISTRAR GENERAL High Court of Uttarakhand At Nainital No. 3478/UHC/ADMIN.A/VC (Nyaya Shruti) RULES, 2025 Date: June 5, 2025 Copy forwarded for information and necessary action to:

1. Advocate General, Government of Uttarakhand.

2. Secretary General, Hon’ble Supreme Court of India, New Delhi for information.

3. Chairman, Bar Council of Uttarakhand,Nainital.

4. President/Secretary, High Court Bar Association, Nainital.

5. Chief Standing Counsel, Government of Uttarakhand, Nainital.

6. Government Advocate, Government of Uttarakhand, Nainital.

7. Assistant Solicitor General, Government of India, Nainital.

VC (Nyay Shruti) Rules, 2025 Page 17

8. Additional Chief Standing Counsel, Government of Uttar Pradesh, Nainital.

9. Principal Secretary Law-cum-L.R., Government of Uttarakhand, Dehradun.

10. Principal Secretary, Legislative and Parliamentary Affairs, Government of Uttarakhand, Dehradun.

11. Officer on Special Duty (O.S.D.) of the Court.

12. All the District Judges, of the State of Uttarakhand with the request to circulate the same amongst the Judicial Officers and Bar Associations concerned.

13. Member-Secretary, Uttarakhand State Legal Services Authority, Nainital.

14. Legal Advisor to Hon’ble the Governor, Raj Bhawan, Dehradun.

15. Director, Uttarakhand Judicial and Legal Academy, Bhowali, District Nainital.

16. Chairman, Commercial Tax Tribunal, F-6, Nehru Colony, Hardwar Road, Dehradun.

17. Chairman, Permanent Lok Adalat, Dehradun, Haridwar, Nainital & U.S.Nagar

18. Chairman, State Transport Appellate Tribunal, House of Dr. Poonam Gambhir, Vedic Kaya Ayurvedic Center, First Floor, H.No. 85/1, Laxmi Road (Near Favvara Chauk), Dehradun.

19. All the Principal Judge/Judges, Family Courts of State Judiciary.

20. Registrar, State Consumer Dispute Redressal Commission, Uttarakhand, H.No.23/16, Circular Road, Dalanwala, Dehradun-248001.

21. Presiding Officer, Labour Courts, Dehradun, Hardwar & Kashipur, District U.S. Nagar.

22. Secretary, Lokayukta, 3/3 Industrial Area, Patel Nagar, Dehradun.

23. Secretary-cum-Registrar, State Level Police Complaint Authority, Dehradun.

24. Presiding Officer, Industrial Tribunal-cum-Labour Courts, Haldwani, District Nainital.

25. Registrar, Public Service Tribunal, Uttarakhand, Dehradun.

26. Legal Advisor, Uttarakhand Public Service Commission, Haridwar.

27. All the Registrars of the Court.

28. Secretary, High Court Legal Services Committee.

29. Director, Printing & Stationery, Government Press, Roorkee, District Hardwar, for publication of the Notification in the next Gazette of the Uttarakhand.

30. P.P.S. of the Court with request to place the notification for kind perusal of His Lordship.

31. P.S. /P.A. to Hon'ble Judges of the Court with request to place the notification for kind perusal of His Lordship.

32. P.S. to Registrar General.

33. All the Joint Registrars / Deputy Registrars /Assistant Registrars /Section Officers of the Court.

34. Librarian of the Court with the direction that the above amendment be incorporated in all the relevant books immediately.

35. Deputy Registrar (I.T.) of the Court for uploading the notification on the official website of High Court.

36. Officer-in-Charge, N.I.C., High Court of Uttarakhand, Nainital.

37. Guard file.

Joint Registrar (IT)/CPC

Where this provision sits

ActThe High Court of Uttarakhand Electronic Communication and Audio-Video Electronic Means (Nyay Shruti) Rules, 2025
Section20
Marginal noteConduct of Proceedings
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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