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2018 Supreme(SC) 945

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Swapnil Tripathi – Appellant
Versus
Supreme Court of India – Respondent


Judgement Key Points

Question 1? How to implement live streaming of Supreme Court proceedings while balancing open justice with privacy and fair trial concerns. Question 2? What is the scope and criteria for determining which cases are eligible for live streaming of court proceedings. Question 3? What are the regulatory framework and safeguards (including pilot phases, user rights, and judge's discretion) required to regulate live streaming in the Supreme Court of India?

Key Points: - The judgment endorses live streaming/open court concept and recommends a regulatory framework with rules under Article 145(1) (!) (!) (!) . - It emphasizes open justice and public access to proceedings, citing Article 21, Article 145, CrPC Section 327, CPC Section 153-B (!) (!) (!) . - It proposes a phased, pilot-based implementation with guidelines and strict safeguards to protect privacy and administration of justice (!) (!) (!) . - It sets out recommended categories to be excluded from live streaming (e.g., matrimonial, sexual assault, cases involving minors) and the presiding judge’s discretion to disallow in specific cases (!) (!) . - It calls for authoritative rules by the Supreme Court to regulate live streaming, including delays, room arrangements, and archival access, with Court retaining copyright and final say (!) (!) (!) (!) .

Question 1? How to implement live streaming of Supreme Court proceedings while balancing open justice with privacy and fair trial concerns.

Question 2? What is the scope and criteria for determining which cases are eligible for live streaming of court proceedings.

Question 3? What are the regulatory framework and safeguards (including pilot phases, user rights, and judge's discretion) required to regulate live streaming in the Supreme Court of India?


JUDGMENT :

A.M. Khanwilkar, J.

1. The petitioners and interventionists, claiming to be public spirited persons, have sought a declaration that Supreme Court case proceedings of “constitutional importance having an impact on the public at large or a large number of people” should be live streamed in a manner that is easily accessible for public viewing. Further direction is sought to frame guidelines to enable the determination of exceptional cases that qualify for live streaming and to place those guidelines before the Full Court of this Court. To buttress these prayers, reliance has been placed on the dictum of a nine-Judge Bench of this Court in Naresh Shridhar Mirajkar and Ors. Vs. State of Maharashtra and Ors., (1966) 3 SCR 744 which has had an occasion to inter alia consider the arguments of journalists that they had a fundamental right to carry on their occupation under Article 19(1)(g) of the Constitution; that they also had a right to attend the proceedings in court under Article 19(1)(d); and that their right to freedom of speech and expression guaranteed under Article 19(1)(a) included their right to publish a faithful report of the proceedings which they had witnessed and










































































































































































































































































































































































































































































































































































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