Judges can’t claim privacy in courtrooms: SC

Satya Prakash

Tribune News Service

New Delhi, November 21

Maintaining that judges can’t claim privacy in courtrooms, the Supreme Court today favoured early installation of close circuit televisions (CCTVs) in courts for recording of proceedings, saying it would be in larger public interest, discipline and security.

“What privacy? This is not a case of privacy. We don’t need privacy here. Judges don’t need privacy in court proceedings. Nothing private is happening here. We all are sitting in front of you,” said a Bench of Justices AK Goel and Justice UU Lalit. 

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On behalf of the government, Additional Solicitor General Pinky Anand said video recording of court proceedings through CCTVs was an important thing which would benefit all. She said the government will submit a comprehensive blueprint for it. 

The Ministry of Law and Justice needed to sanction a proposal for financial outlay, which could be accorded very soon, she added. “Don’t delay it. This step is in larger public interest, discipline and security,” the Bench said, posting the matter for further hearing on November 23.

The order is likely to have far-reaching impact on transparency in judiciary as it could prove to be the first step towards telecast of court proceedings—a common practice in many western countries. Indian courts have been averse to the idea of recording of their proceedings and have dismissed several PILs that demanded it. Also, in the past many lawyers and litigants have been caught unauthorisedly using cameras in courts.

The Centre did recommend introduction of audio-video recording of judicial hearings but the top court judges could not to take a concrete decision on the contentious issue on the administrative side. The Law Ministry had supported installation of CCTVs, saying recording of proceedings was necessary to bring transparency in judiciary.

The Bench is seized of a petition by one Pradyuman Bisht seeking audio-visual recording of court proceedings to usher in transparency in functioning of courts.

Departing from the age-old practice of not allowing video cameras in courtrooms, the Bench had on March 28 ordered that proceedings of at least two district courts in each state and union territory be recorded. On Tuesday, it asked the Centre to submit a report detailing the progress made in implementing the order.

Earlier, the top court had favoured installation of CCTV cameras with audio recording of all court proceedings, including in its own complex along with those of high courts and tribunals, to usher in 

transparency. It had asked the Centre to submit a feasibility report on installation of CCTV cameras with audio recordings in courts and tribunals.

Cites US top court’s example 

• Citing the example of judicial proceedings in the US Supreme Court, India’s top court had noted that all these were available publicly, even on the YouTube
• The SC had said a Court of Record meant that everything should be recorded as long as it did not obstruct the proceedings
• However, it had said the footage of the CCTV camera or the audio-recording would not be made available under the RTI Act
• It also said the same could not be given to anyone without permission of the court concerned