Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Arts. 19(1)(a) 21 and 145(4) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India:Arts. 19(1)(a), 21 and 145(4) – Live streaming of proceedingsof cases in Supreme Court having public importance – Sought byfiling Writ Petition u/Art.32 – Held: Open trials and its access to thepublic is an accepted proposition – Indian legal system subscribesto the concept of open courts – Art .145(4) stipulates thatpronouncements shall be made in open court – Open court hearingcan be traced from s.327 of Cr.P.C. and s.153-B of IPC – Thus allthe courts in India are open to the public, except when administrationof justice requires restriction to public access – Publication of courtproceedings of Supreme Court is a facet of the status of SupremeCourt as a Court of Record by virtue of Art. 129 of the Constitution– Court can take the aid of technology for actualization of right ofaccess to justice or right to open justice and public trial, right toknow the development of law and right of justice at the doorstep ofthe litigant – In the process, large segment of persons viz. entrantsin legal profession, journalists, civil society, activists, academiciansor students of law etc. would be able to view live proceedings inpropria persona on real time basis – This will epitomize transparency,good governance and accountability – However, there may be casesin which live streaming of proceedings may not be desirable as thatmight affect the cause of administration of justice or right to dignityand privacy of the litigants or witnesses – In case of conflict betweencompeting constitutional rights, the conflict needs to be harmonisedso as to give maximum expression to each right – Therefore,regulatory framework is required to be formulated for live streamingof judicial proceedings of Supreme Court – The project of livestreaming of court proceedings of Supreme Court must beimplemented in a progressive, structured and phased manner with safeguards to ensure holistic achievement of purpose of livestreaming without interfering with the administration of justice orthe dignity and majesty of the Court and without impinging uponany rights of the litigants or witnesses – Code of Civil Procedure,1908 – s. 153-B – Code of Criminal Procedure, 1973 – s.327. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 886 |
Petitioner | Swapnil Tripathi |
Respondent | Supreme Court Of India |
SCR | [2018] 11 S.C.R. 57 |
Judgement Date | 2018-09-26 |
Case Number | 1232 |
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