Pawanraje Nimbalkar Murder Case: Special MP And MLA Court Rejects Plea To Record Final Arguments

Mumbai: The special MP and MLA court has rejected the plea of defence lawyer in Pawanraje Nimbalkar, to record the final arguments, observing, “Neither the Criminal Manual nor the Code of Criminal Procedure / The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides for private recording a judicial proceedings audio or video.”

Court Clarifies on Live Streaming

“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,” the court said adding, “In the absence of such 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.”

Past Incidents Noted

The issue of recording of the final arguments came during the hearing of the Nimbalkar murder case. Special judge Satyanarayan R Navander was hearing the final arguments from the lawyer of the prime accused Dr Padmasinh Bajirao Patil.

During the hearing, the court had noted that on previous occasions someone had recorded the arguments without the permission and knowledge of the court. Later, Patil's lawyer made a formal plea for audio recording of the arguments claiming that it would help them prepare compilation.

Unethical and Illegal

The court, however, did not accept the plea, observing, “Recording of proceeding as such, is unethical and illegal also.”

The court also warned against the use of the recording and said, “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.”

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Background of the Case

The court is presently hearing final arguments of defence in the Nimbalkar murder case. Nimbalkar, a Congress leader, and his driver Samad Abdul Wahid Kazi were shot dead on Mumbai-Pune express highway in June 2006. His wife filed a petition in the High Court, alleging that she suspected NCP leader and former state minister Padmasinh Patil to be behind the murder. The case was probed by the CBI.

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