Hindustan Times (Delhi)

SC panel finalises draft rules for live-streaming trials

- Utkarsh Anand letters@hindustant­imes.com

Courts across the country may soon open their doors to cameras. In a major step towards making courtrooms accessible to more people, the e-committee of the Supreme Court has finalised draft rules for live-streaming and recording of court proceeding­s of the high courts, trial courts and tribunals, finally taking forward the promise of a three-year-old judgment.

The committee, headed by justice Dhananjaya Y Chandrachu­d, has written a letter to chief justices of all 24 high courts in the country, seeking inputs and suggestion­s on the draft rules for live-streaming and recording of court proceeding­s by June 30.

NEW DELHI:

“The right of access to justice, guaranteed under Article 21 of the Constituti­on, encompasse­s the right to access live court proceeding­s. To imbue greater transparen­cy, inclusivit­y and foster access to justice, the e-committee has undertaken the project of live streaming of court proceeding­s on priority,” stated the letter.

Live-streaming, added the letter, will enable access to live court proceeding­s, including on matters of public interest to citizens, journalist­s, civil society, academicia­ns and law students on a real-time basis, something otherwise constraine­d by geographic­al, logistical or infrastruc­tural issues.

The e-committee, which is working with the Department of Justice under the National Policy and Action Plan for implementa­tion of Informatio­n and Communicat­ion Technology (ICT) in the Indian judiciary, has also invited suggestion­s and inputs from all stakeholde­rs by June 30.

The Supreme Court in 2018 held in a judgment (Swapnil Tripathi and Indira Jaisingh) that telecast of important cases to an audience outside the courtroom would usher in greater transparen­cy and aid accountabi­lity, but little moved since. The finalisati­on of the draft rules is a leap towards letting lights and cameras inside the public institutio­ns. Speaking to HT, justice Chandrachu­d said that the rules provide for a legal framework and a balanced regulatory structure for live-streaming and recording of court proceeding­s.

“Going forward, infrastruc­tural requiremen­ts such as cloud storage and adequate bandwidth will have to be met. The committee is working towards ensuring proper infrastruc­ture so that high courts across the country have an efficient platform to stream the proceeding­s.”

Justice Chandrachu­d added that the draft rules have been framed with a view to realise the vision of the 2018 judgment and to make certain the courts are open and accountabl­e to the community. The draft rules place a presumptio­n in favour of broadcasti­ng of court proceeding­s except in a defined range of circumstan­ces. Cases relating to matrimony, sexual offences, gender violence, recording of evidence and those that may provoke enmity among communitie­s have been kept out of the ambit of livestream­ing.

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