The Supreme Court Bar Association SCBA has resolved that once lockdown is lifted and health situation permits, open court hearings should be restored at the earliest. Supreme Court proceedings by video conference should not become ‘new norm’ and should not replace ‘open court hearings’. Even while video conferencing remains in use during present crisis and lockdown, live streaming of Supreme court hearings ought to be introduced.
SCBA referred to the judgement of Naresh Shridhar Mirajkar vs. State of Maharashtra, wherein it was held , “ It is well settled that in general, all cases brought before the courts, whether civil, criminal or others, must be held in open court. Public trial in open court is undoubtedly essential for the healthy, objective and fair administration of justice. Trial held subject to public scrutiny and gaze naturally acts a s a check against judicial caprice or vagaries, and serves as powerful instrument for creating confidence of the public in fairness, objectivity and impartiality of the administration of justice. Public confidence in the administration of justice is of such great significance that there can be no two opinions on the broad proposition that in discharging of their functions as judicial tribunals, courts must generally hear causes in open and must permit public admission to the court room. ”
As Bentham has observed, “In the darkness of secrecy sinister interest, and evil in every shape, have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity, there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion, and surest of all guards against improbity. It keeps the Judge himself while trying under trial the security of securities is publicity.”
Further, in case of Swapnil Tripathi vs. Supreme Court of India, it was held that Section 327, CrPC and Section 153-B, CPC mandated open court hearings in all criminal and civil cases, other than those required to be heard in camera. Three judges Bench held that, “ The time has come for this Court to take a step further in adopting technology and to enable live streaming of courtroom proceedings is an extension of principle of open courts. Live streaming will enable litigants and members of public to have a virtual experience of courtroom proceedings even outside the courtroom premises.”
Further, supplemental judgements of one of the Judges held that, “Live streaming of proceedings is crucial to dissemination of knowledge about judicial proceedings and granting full access of justice to the litigant. Access to justice can never be complete without litigant being able to see, hear and understand the course of proceedings.”
SCBA appreciated need for incorporation for technological and scientific advancement in working of judiciary and for case management, digitisation of records/case files, functioning of Registry, early disposal of cases and crowd management in Courts.
-India Legal Bureau