Court procedure
rahul
(Querist) 11 December 2014
This query is : Resolved
Respected Madam/Sir,
I have following queries:
1) What does 'In Camera' means in case of deposition of witness in a Session Court?
2) What is the need of a closed door / In camera deposition of witnesses?
3) What are the redressional options if a Session judge did addition or deletion of versions of witnesses while recording deposition effecting adversely any party complainant or accused ?
please be kind enough to en light me on the above queries.
With regards: Rahul paul
rahul
(Querist) 11 December 2014
Respected sir,
It seems academic query. however fact remains these are not. these are being faced by my relative. our lawyer is silent on this issues bcoz. he is afraid of un-favourable verdict if he raise question in these issues. what ever are being told in the court by the witnesses, half of it is only coming in written, when we obtained certified copy from court. however, on top of these, it is written In camera. so, that's why I have put such queries. plz. kindly help me, plz. tell me the options that are available to un-earth the true version of deposition by witnesses. plz. help.
ajay sethi
(Expert) 12 December 2014
The High Court has inherent jurisdiction to hold a trial in
camera if the ends of justice clearly and necessarily
require the adoption of such a course. Section 14 of the
Official Secrets Act, 1923 in terms recognises the existence
of such inherent powers in its opening clause, and s. 151,
Code of Civil Procedure, saves the inherent power of the
High Court to make such orders as may be necessary for the
ends of justice or to prevent abuse of the process of the
Court. Such a power includes the power to hold a part of
the trial in camera or to prohibit exessive publication of a
part of the proceedings at such trial.the Court has inherent jurisdiction to pass an
order excluding the public when the nature of the case
necessitates such a course to be adopted
rahul
(Querist) 12 December 2014
Thank you Sethi Sir for your kind reply. actually sir, my cousin is facing a trial in a session court where the session court deletes most of the version of witness while recording deposition. there are many typographical mistakes also.the fact came to us when we obtained the certified copy. deletion of such thing may adversely effect our case. however, at the top it is written 'in camera'. that's why I have put the query to explore options for getting the camera records which we may require if we appeal in high court. kindly en-light me on the query no.3, can we agitate the court for such deletion/typographical mistakes etc.?
ajay sethi
(Expert) 12 December 2014
typographical mistakes can be corrected . attention of court can be drawn to said mistakes and court after considering submissions of parties will permit rectification of said errors
Devajyoti Barman
(Expert) 13 December 2014
There is no embargo to get certified copies of deposition and other exhibits even if in camera trial was happened.
I do not think you re telling the truth in your query.
rahul
(Querist) 15 December 2014
Rev. Barman Sir,
I have told that we have received the certified copy. when we received the certified copy we observed that, there are certain deletion in the version of witnesses while recording deposition which might adversely effect our case. that's why I wanted to know whether we can agitate the court on this ground or not, as our lawyer said us that, if we annoy the court, it may let us to un-favourable judgement. After clarification from Sethi Sir I could know that only typographical mistakes can be rectified. Thanking you.. with regards..
