SC allows live streaming of court proceedings
New Delhi, Sep 26 : The Supreme Court on Wednesday allowed the live streaming of its proceedings, saying the move will bring "transparency and accountability" to the judicial process and was manifestly in the "public interest".
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said that a pilot project may initially be taken up for about three months by live streaming only cases of national and constitutional importance from Court Number 1 presided over by the Chief Justice.
"Progressively, as and when the infrastructure is ready, this court can expand the ambit of live streaming to cover all cases (except for the ones which are excluded)," Justice Chandrachud said in a separate but concurring judgment.
The court said that live streaming was important to "re-emphasise" the significance of live streaming as an extension of the principle of open justice and open courts. However, the process of live streaming should be subjected to carefully structured guidelines, the bench added.
Justice Khanwilkar, also speaking for Chief Justice Misra, said: "Sunlight is the best disinfectant. Live streaming as an extension of the principle of open courts will ensure that the interface between a court hearing with virtual reality will result in the dissemination of information in the widest possible sense, imparting transparency and accountability to the judicial process."
Not all cases may be live streamed, said the court, adding that certain sensitive cases like matrimonial or sexual assault cases, matters where children and juveniles are involved, like Protection of Children from Sexual Offences cases, should be excluded.
Live streaming will be carried out with minimal delay to allow time for screening sensitive information or any exchange that ought not to be streamed, the judgment added.
The final authority to regulate suspension or prohibition of live streaming in a particular case, where the administration of justice so requires, must be with the presiding Judge of each court.
"The copyright over all the material recorded and broadcast in this court shall vest with this court only and the recordings and broadcast may not be used by anyone for commercial purposes. Archives shall be maintained of all live streamings, to be hosted on the court website."
The bench said that live streaming of proceedings is crucial to the dissemination of knowledge about judicial proceedings and granting full access to justice to the litigant.
"Access to justice can never be complete without the litigant being able to see, hear and understand the course of proceedings first hand. Apart from this, live streaming is an important facet of a responsive judiciary which accepts and acknowledges that it is accountable to the concerns of those who seek justice. Live streaming is a significant instrument of establishing the accountability of other stakeholders in the justicing process, including the Bar.
"Moreover, the government as the largest litigant has to shoulder the responsibility for the efficiency of the judicial process. Full dissemination of knowledge and information about court proceedings through live streaming thus subserves diverse interests of stakeholders and of society in the proper administration of justice," it added.
The apex court said that the Chief Justices of the High Courts should be commended to consider the adoption of live streaming both in the High Courts and in the district judiciaries in phases, commensurate with available resources and technical support.
The High Courts would have to determine the modalities for doing so by framing appropriate rules, the apex court added.
Attorney General K.K. Venugopal had earlier submitted comprehensive guidelines for live streaming of court proceedings.
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Speaker Khader dismisses BJP's charges of 'delay' in swearing-in of Jeevaraj as MLA
Bengaluru (PTI): Karnataka Assembly Speaker U T Khader on Wednesday rejected opposition BJP's allegations of delaying the swearing-in of D N Jeevaraj as MLA, asserting that the process was being handled strictly in accordance with constitutional provisions and rules.
BJP candidate Jeevaraj, who had lost the 2023 Sringeri Assembly election to Congress leader T D Raje Gowda, was declared elected late Sunday night after reverification and recounting of postal ballots in compliance with a High Court order.
The recount reduced 255 votes from Gowda's tally, overturning his earlier victory margin of 201 votes and reversing the result.
The recount followed an election petition filed by Jeevaraj.
Addressing reporters, Khader maintained that there was no delay in administering the oath to Jeevaraj, who was declared elected from the Sringeri Assembly constituency after a High Court-ordered recount of postal ballots.
“Where have we delayed? The application was submitted at 11 am. If an application is given in the morning and by evening someone says it’s delayed — how is that a delay?” he said, dismissing the allegations.
The Speaker said the matter involved 'technical issues' that required examination before fixing a date for oath-taking.
“When such a matter comes, we also need to examine it and take a decision as per rules. If an application is given in the morning, at least 24 hours must be given,” he said.
Khader stressed that his role was bound by the Constitution and not influenced by political considerations.
“When an elected MLA asks for time, we must give it under the Constitution and law. Can we refuse? No, we have to give it,” he said, rejecting suggestions that he was acting under party pressure.
He also underlined the need for trust in democratic institutions amid the controversy.
“A democracy and parliamentary system must function on trust. Without that, how can democracy be strengthened? Trust is essential,” he said, cautioning against creating suspicion around constitutional positions.
On claims that the delay was linked to the ongoing political and legal dispute over the recount, Khader said the issue did not fall within his purview.
“My responsibility is to act as per the Constitution and rules. I will ensure that whatever is due to them is done as soon as possible,” the Speaker explained.
He said he had already communicated his position when contacted and would formally inform the concerned parties. “There is no delay, nor any intention to delay. I will discharge my duties as per the Constitution,” he said.
Khader also pointed to possible legal complications in hastily administering the oath.
“If I give the oath to one person and tomorrow the court declares someone else the winner, what happens then? Will it automatically cancel? Will confusion arise?” he asked, indicating the need for due diligence.
On concerns that Jeevaraj had lost over two years of tenure, the Speaker said representation was linked to that constituency rather than an individual.
“Whoever becomes the MLA represents the constituency. Benefits are not given to an individual,” he said, adding that issues of alleged irregularities should be examined by the Election Commission.
The remarks come after the Leader of Opposition BJP in the Karnataka Assembly, R Ashoka on Wednesday accused the Speaker of 'deliberately' delaying the oath and approached Governor Thaawarchand Gehlot seeking intervention, even suggesting that the Governor administer the oath if required.
Chief Minister Siddaramaiah termed the process 'Vote Dacoity' by Jeevaraj and said an FIR has been registered against the newly elected Sringeri MLA.
Defending the recount process, Jeevaraj denied allegations of tampering, while the High Court has stayed an FIR filed against him in connection with the postal ballot issue.
