Shraddha Walkar murder case: Foreign officials of Meta, Google and Bumble to depose via video conferencing

In a significant step towards expediting the trial in the Shraddha Walkar murder case, a Delhi sessions court has allowed four foreign-based nodal officers of technology companies, including WhatsApp, Google and Bumble, to record their evidence through video conferencing from the US and the UK.

Additional Sessions Judge Hargurvarinder Singh Jaggi of the Saket District Court, while allowing the prosecution's application, observed that securing these witnesses' physical presence in India would entail undue delay and exorbitant expense. The court said that in the interest of an expeditious trial and justice, the prosecution's request to examine them virtually deserved to be allowed.

The court permits the examination of four foreign witnesses, whose testimonies are required by the prosecution as part of its evidence in the case against accused Aaftab Amin Poonawala.

The witnesses include Adrian Silvera, nodal officer of WhatsApp LLC and Meta Platforms Inc., based in Menlo Park, California; Shelby Smith, nodal officer of Google LLC, based in Austin, Texas; Arti Sheth, nodal officer of Google (Gmail), based in Mountain View, California; and Luke Mitsi, nodal officer and law enforcement operations manager of Bumble Group, based in London.

The prosecution had approached the court under Rule 11 of Chapter IV of the Electronic Evidence and Video Conferencing Rules, 2025, seeking permission to record the evidence of witnesses residing abroad. Their evidence is to be tendered through affidavits under Section 296 of the Code of Criminal Procedure, 1973, and corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The court has directed that their testimonies be recorded at the rate of one witness per day, commencing December 1, 2026. The court's coordinator will prepare the specific dates in consultation with the remote-point coordinators, the special public prosecutor and defence counsel.

Laying down detailed safeguards, the judge directed that the witnesses depose from the nearest Indian Embassy, High Commission or Consulate General corresponding to their official or residential addresses. Officials designated by the respective Indian diplomatic missions will function as remote-point coordinators, while the reader to the court and the computer branch in-charge at the South District Court will coordinate the proceedings in Delhi.

The court has also taken precautions to ensure that the witnesses are not influenced during their depositions. Under the directions, the remote-point coordinator must ensure that no unauthorised person or unauthorised recording device is present inside the VC room.

Further, the witness is not prompted, tutored, coaxed, induced, or coerced and does not refer to unauthorised documents or devices during examination, the order states.

The court has directed that video conferencing be conducted through Cisco Webex or any other application specified by it. The identity of each witness must be verified through a valid government-issued identity document or passport before the examination, and the oath will be administered before the evidence is recorded.

The order also addresses the accused's right to a fair trial. If Poonawala is in judicial custody and is not physically produced before the court, a multi-point video conference must connect the courtroom, the witness's remote location and the jail premises concerned.

The judge specifically directed that the accused be provided an adequate opportunity to consult privately with his counsel before and after the video conferencing session. The court may also use a 'Break-out Session' facility to ensure confidential communication between the accused and his lawyers.

The deposition will be read over to the witnesses, with signatures obtained electronically or through a print-and-scan process. The audio-visual recording, along with an encrypted master copy carrying a hash value, will be preserved as part of the official judicial record.

The State will bear the administrative expenses and overseas transmission charges associated with the video conferencing arrangements. Summons will be served through the Ministry of Home Affairs and Ministry of External Affairs in accordance with the applicable provisions and international guidelines.