New Delhi: The e-committee of the Supreme Court on Monday released the
Draft Model Rules for Live-Streaming and Recording of Court Proceedings which
is aimed at bringing greater transparency, inclusivity and access to justice”.
The
draft rules made it clear that matrimonial matters, including transfer petitions
arising thereunder, cases concerning sexual offences, including proceedings
instituted under Section 376 (rape) of Indian Penal Code, cases concerning
gender-based violence against women among others will be excluded from
live-streaming.
The
final decision as to whether or not to allow the Live-streaming of the
Proceedings or any portion thereof will be of the Bench, however, the decision
of the Bench will be guided by the principle of an open and transparent
judicial process. The decision of the Bench shall not be justiciable, an
official release said.
It
said the committee has invited inputs, feedback and suggestions on the draft
rules from all the stakeholders.
Further,
it said it is expedient to set up infrastructure and the framework to enable
live-streaming and recording of Proceedings.
A
sub-committee consisting of judges of the Bombay, Delhi, Madras and Karnataka
High Courts was constituted to frame model live streaming rules.
The
sub-committee held extensive deliberations and it took into account the
principles enunciated in the decision of the Supreme Court in Swapnil Tripathi
including the concerns of privacy and confidentiality of litigants and
witnesses, matters relating to business confidentiality, prohibition or
restriction of access to proceedings or trials stipulated by Central or State
legislation and in some cases to preserve the larger public interest owing to
the sensitivity of the case.
These
model rules provide a balanced regulatory framework for live streaming and
recording of court proceedings, the release said.
The
draft rules said that cameras will be installed in the courtroom covering at
least five angles, one towards the Bench, the second and third towards the
advocates engaged in the concerned matter, the fourth towards the accused
(where applicable) and the fifth towards the deponent/witness, as required.
In
the event that the court has employed an electronic evidence presentation
system, an additional feed shall be captured therefrom.
A
remote-control device shall be provided to the presiding judge on the bench to
pause or stop the live-streaming at any time. Advocates, witnesses, accused, or
any other person permitted by the bench, shall use appropriate microphones
while addressing the court, the release said.
The
draft rules said that in order to decongest the court rooms, dedicated room(s)
for viewing the live- stream may be made available within the court premises.
Access shall be given to law researchers, staff, litigants, academicians, and
media personnel authorised to enter the court.
Premises
upon receipt of necessary permissions/approvals. Appropriate arrangements shall
be made to enable viewing of live-streams from multiple benches within
this/these room(s). Special arrangements will be made for differently-abled
persons, it said.
These
rules are framed by the High Court of *Judicature* in the exercise of powers
under Article 225 or relevant statute where applicable, and Article 227 of the
Constitution of India. These Rules will apply to the High Court of *Judicature*
and to the courts and tribunals over which it has supervisory jurisdiction, the
release stated.
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