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The e-Committee of the Supreme Court has released the Draft Model Rules for Live-Streaming and Recording of Court Proceedings with the aim to imbue greater transparency, inclusivity and foster access to justice.

Justice D.Y. Chandrachud, the Supreme Court Judge and Chairperson of e-Committee, has written a letter to all Chief Justices of the High court calling for the inputs and suggestions on the  Draft Model Rules. In the letter, Justice Chandrachud has pressed that the right to access justice guaranteed under Article 21 of the Constitution encompasses the right to access live Court proceedings.

A sub-committee consisting of judges of the Bombay, Delhi, Madras and Karnataka High Courts was constituted to frame model live streaming rules which took into account the principles pronounced by the Supreme Court in the case of  Swapnil Tripathi v Supreme Court of India,(2018) 10 SCC 639 in terms of which the Court had noted that transparency was extremely important in the judicial sphere.

The famous quote "Sunlight is the greatest disinfectant" is traced back to the expounding of this judgment.

Court had also taken note of concerns including those 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.

Some of the features of the Draft Model Rules are as under:

Rule 5.1 says that subject to the exclusions contained within these Rules, all Proceedings will be Live-streamed by the Court.

Rule 5.2 gives a list of matters which will be excluded from Live Streaming. These include:

1. Matrimonial matters, including transfer petitions arising thereunder.
2.  ii. Cases concerning sexual offences, including proceedings instituted under Section 376, Indian Penal Code, 1860 (IPC).
3.  iii. Cases concerning gender-based violence against women. 6 iv. Matters registered under or involving the Protection of Children from Sexual Offences Act, 2012 (POCSO) and under the Juvenile Justice (Care and Protection of Children) Act, 2015.
4. v. In-camera proceedings as defined under Section 327 of the Code of Criminal Procedure, 1973 (CrPC) or Section 153 B of the Code of Civil Procedure, 1908 (CPC).
5.  vi. Matters where the Bench is of the view, for reasons to be recorded in writing that publication would be antithetical to the administration of justice.
6.  vii. Cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to result in a breach of law and order.
7.  viii. Recording of evidence, including cross-examination.
8.  ix. Privileged communications between the parties and their advocates; cases where a claim of privilege is accepted by the Court; and non-public discussions between advocates.
9.  Any other matter in which a specific direction is issued by the Bench or the Chief Justice

 

Rule 5.3 says that Live-streaming in certain cases may be restricted to final arguments. Objections, if any, to Live-streaming may be raised at the time of institution of the case by filing the prescribed form under Schedule . A person objecting to Live-streaming at a later stage, shall do so by filing the form prescribed in Schedule II. 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.  

Rule  8.1 lays down that as a general precaution personal information such as date of birth of parties, home address, identity card number, bank account information, and the personal information of related parties, such as close relatives, witnesses and other participants, will be deleted or muted during Live-streaming .However, such Proceedings will be preserved in the Archival Data. The advocates and litigants-in-person may request the Bench to redact personal and sensitive information.  

Rule 8.3 lays down rules for Relay of Proceedings which says that

1. There shall be a delay of ten minutes in streaming, which may be changed as per the direction of the Court.
2. Subject to limitations contained in these Rules, the Live-stream shall commence as soon as the Bench assembles and instructs the Court staff to start the Proceedings and shall end when the Bench signals its conclusion for the day.
3. The Live-streaming shall be carried out from the Designated Venue as decided by the Bench.

Rule 8.4 lays down rules for  Relay of Recordings which says that the content of the Recording will be vetted and shall be posted, usually within three days of the conclusion of the proceedings. The same shall be posted on the Courts’ website or made available on such digital platforms, as directed by the Court.

Hardware – Placement & Control

Rule 2.1 says 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 4 concerned matter, the fourth towards the accused (where applicable) and the fifth towards the deponent/witness, as required. Rule  2.3 further provides that a remote-control device shall be provided to the presiding judge on the Bench to pause or stop the Live-streaming at any time.  

Requisitioning and Positioning of Human Resources

Rule 3.1. says that a dedicated control room (DCR) shall be set up for every court complex. The DCR shall, inter alia, comprise an officer of the Court, technical and video recording experts. The DCR will monitor and track Proceedings as they are Livestreamed, recorded, and transcribed and ensure that nothing uncivil or inappropriate is streamed in the public domain