Video conferencing for witnesses - Supreme Court of India

New Delhi - April 2, 2003 - The Supreme Court, in its ruling by a bench comprising Justice S.N. Variava and Justice B.N. Agrawal, has allowed trial courts to record evidence of witnesses living abroad through video conferencing. The ruling came on an appeal by P.C. Singhi against the judgement of the Bombay HC, which disallowed recording of evidence of a US-based physician through video conferencing in case of medical negligence. Singhi, whose wife died of terminal cancer, had sued a Mumbai-based doctor for her death. He wanted to record opinion of the US-based physician through video conferencing. The apex court asked the Mumbai magistrate to record the physician's evidence through video conferencing.

Hindustan Times - April 3, 2003.

Right to privacy is not absolute, rules SC 

New Delhi - While the Constitution provides every citizen with the right to privacy, the Supreme court has ruled that freedom is, by no means, absolute. The apex court has ruled that once a person gets married, he/she cannot fall back on this constitutional provision to conceal information in case of a matrimonial dispute. In case divorce is sought on grounds of unbearable mental illness or impotency, the courts will have no option but to seek medical opinion. The refusal to go for such a medical examination will imply that the spouse's allegation is correct. It's here that Article 21 of the Constitution (right to life with dignity), which also provides for right to privacy comes into play. A Bench comprising Chief Justice V.N. Khare, Justice S.B. Singha and A.R. Lakshmanan said: "….There is no right to privacy specifically conferred under Article 21 of the Constitution and with the extensive interpretation of the phase 'personal liberty' - this right has been read into Article 21 - it cannot be treated as an absolute right." Thus, an order passed by the court in this context cannot be construed as an infringement of the Fundamental Right. 

The Times of India - April 14, 2003

Food for Thought

"Skepticism is the chastity of the intellect." 

: George Santayana

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One of the strongest characteristics of genius is the power of lighting its own fire.

: John W. Foster 1770-1843, British Clergyman