Introduction:

In a significant ruling, the Bombay High Court, presided over by Justice Sandeep Marne, has mandated that proceedings related to appeals for the registration of a First Information Report (FIR) under the stringent Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act (SC/ST Act) must be video recorded. This decision was made on September 3, 2024, in response to a plea by Vijay Sapkale, who sought to register an FIR against certain private individuals. The court’s ruling underscores the adherence to prior directives requiring video recording for all proceedings related to the SC/ST Act, ensuring transparency and accountability.

Arguments of Both Sides:

Vijay Sapkale, the appellant, argued that his appeal should be video recorded in line with the precedent set in the Dr. Hema Ahuja case. In that case, the Bombay High Court’s Division Bench had mandated video recording of all proceedings under the SC/ST Act. Sapkale’s legal team, comprising Advocates Altaf Khan, Akash Mangalgi, and Mohan Chavan, emphasized that this procedural requirement is crucial for maintaining transparency and accountability in judicial proceedings concerning the SC/ST Act.

Conversely, the proposed accused, represented by Advocate Yugandhara Khanwilkar, opposed the motion. The defense contended that since no FIR had yet been registered under the SC/ST Act, the video recording provisions should not apply to the preliminary appeal for FIR registration. They argued that the current plea was at an initial stage and, therefore, did not necessitate adherence to the stringent procedural norms required for ongoing SC/ST Act cases.

Court’s Judgment:

Justice Sandeep Marne’s ruling upheld the requirement for video recording as established in the Dr. Hema Ahuja case, clarifying that it applies to all proceedings related to the SC/ST Act, including appeals seeking FIR registration. The court interpreted the phrase “any proceeding” used in the earlier Division Bench judgment as explicitly encompassing the current context. Consequently, the court directed that the proceedings in this appeal be video recorded in accordance with Section 15-A(10) of the SC/ST Act. This decision reinforces the principle of procedural consistency and transparency in judicial processes associated with sensitive cases under the SC/ST Act.