Court Proceedings Needn't be Open to Those Not Present in Court: Supreme Court
Court Proceedings Needn't be Open to Those Not Present in Court: Supreme Court
A bench of Justices Adarsh K Goel, Uday U Lalit made the observation while clarifying that its order about installation of CCTV cameras in court rooms and court premises was not for the purpose of recording the proceedings.

New Delhi: At a time when the debate around live streaming of judicial proceedings gathers momentum, the Supreme Court on Tuesday observed that proceedings may be open to all those present in the court but may not be open to even those who are not present.

A bench of Justices Adarsh K Goel, Uday U Lalit made the observation while clarifying that its order about installation of CCTV cameras in court rooms and court premises was not for the purpose of recording the proceedings.

"Here we have not issued orders for recording the court proceedings. We have passed orders for installation of CCTV cameras so that concerns regarding safety and administration of justice could be addressed. ...A court proceeding is open to all those who are present in the court but it may not be open to everyone who is not there in the court too," remarked the bench.

Senior advocate Sidharth Luthra, who was assisting the Court as an amicus curiae, had pointed out that recording the proceedings may require certain safeguards, especially in cases of sexual assaults, protected witnesses in sensitive cases, family disputes, juvenile cases etc.

At this, the bench emphasised that the last year order for installation of CCTV cameras in courts and tribunals across the country was not meant for recording the proceedings.

"Our purpose is three-fold: discipline, security and oversight. Safety and security is most important. New technology is being utilised everywhere and we also thought it should be used to ensure safety; to see discipline is maintained and then corrective steps can be taken by the High Court concerned," said the bench.

The judges cited the nine-year-old 26/11 terror attack in Mumbai when Ajmal Kasab's images were captured by the CCTV cameras at a local train station.

"These images proved useful during trial too. After the attacks, all five-star hotels have also installed CCTV cameras in their lobbies and common areas. CCTV footages have immense utility," said Justice Lalit.

On his part, Justice Goel recalled how a murder took place inside Nagpur trial court premises but nobody could identify the assailants because there were no cameras.

It told Luthra that the Court has issued specific order that these recordings will not be made available to the parties and not even under the RTI.

"We have concentrated on the use of technology for better administration of courts. We have been flexible enough to give enough rooms to the high courts so that they can make necessary changes to implement the orders. They can also address all legitimate concerns about privacy, protected witnesses etc," the bench told Luthra.

During the hearing, Additional Solicitor General Pinky Anand adduced a report on status of installation of CCTV in tribunals, and informed that technical specifications etc have been finalised.

"Great work," responded the bench, expressing satisfaction at the progress made.

The bench adjourned the case to April 5, while emphasising that it would want to receive suggestions on having an oversight committee, which could monitor the progress and functioning.

On Monday, another bench in the court had agreed to examine two PILs for live-streaming of court proceedings. It has also sought assistance of Attorney General in the matter.

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