Murder of Cong leader: Court rejects plea to allow audio recording of proceedings

On Tuesday, Patil’s lawyer sought permission from the court to record proceedings stating that since the final arguments are currently being heard on behalf of the CBI, recording may help in compiling and preparing the arguments on the accused’s behalf.

While live streaming of proceedings have been initiated in the Supreme Court and the Bombay High Court, trial courts in Mumbai are yet to begin it.

“Neither the Criminal Manual nor the Code of Criminal Procedure / BNSS ( Bharatiya Nagarik Suraksha Sanhita) provides for private recording judicial proceedings audio or video. Live streaming of the court business is a concept under consideration for the trial courts. Till this date, neither the facility for audio video recording is made available nor rules are framed in this regard by the Hon’ble High Court or by the State Government,” special judge Satyanarayan R Navander said.

“In the absence of such a facility and the appropriate rules, audio video recording of the proceeding cannot be permitted by any private person including the Advocates appearing in any proceeding.Therefore, application cannot be allowed,” the special judge said.

The case relates to the murder of Nimbalkar in 2006 in Navi Mumbai.
The police had claimed that Patil had ordered the murder over political rivalry.

The case was transferred to the CBI after orders from the Bombay High Court following his family’s plea.
The long-pending trial is nearing conclusion with the court now hearing final arguments, before it will reserve the case for judgment.

The court also said that it had come to its notice that some audio recording was done without permission during previous hearings and barred its use.

“It has to be made clear that the recordings which might have been done in the present case must not be used by any party for any purpose, in any proceeding in any Court or anywhere else, at any point of time. If it is noticed by the Court that such recordings are being used for any purpose by any party, suitable action will be initiated by the Court,” the court said.

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