Last Updated on March 14, 2024 by News Desk
Background:- The appellants who are students of a medical college in a postgraduate course at the TN Topiwala National Medical College were accused of ragging and making casteist remarks thereby forcing her to take her own life.
The matter came in appeal and retired Justice Seshadri Naidu gave the decision that the proceeding must have been recorded, this was further adjourned.
Later, the matter went to a single judge bench, Justice Sadhana Jadav, who took a contrary view.
As a result, the matter was referred to the larger bench.
Analysis:- It was held by the Bombay HC that all the proceedings that come under the SC/ST Act, must have to be video recorded if they are being held in the open court.
The division bench comprising Justice Devendra Kumar Upadhyaya and Justice Sarang V. Kotwal, noted the lack of enough resources and facilities for video recording across the courts in Maharashtra.
It said that the state government must make available all these facilities.
However, it was also made clear by the court that this does not mean that the proceeding has to be halted for now, it can continue without video recording.
Conclusion:- It was held by the division bench that as per section 15 of the SC/ST Act, the provision was mandatory and not a mere directory provision.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
