SWAPNIL TRIPATHI versus SUPREME COURT OF INDIA

Citation: [2018] 11 S.C.R. 57 · Decided: 26-09-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Appeal(s) allowed

Cited by 5 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

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SWAPNIL TRIPATHI
v.
SUPREME COURT OF INDIA
(Writ Petition (Civil) No. 1232 of 2017)
SEPTEMBER 26, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
Constitution of India:
Arts. 19(1)(a), 21 and 145(4) – Live streaming of proceedings
of cases in Supreme Court having public importance – Sought by
filing Writ Petition u/Art.32 – Held: Open trials and its access to the
public is an accepted proposition – Indian legal system subscribes
to the concept of open courts – Art.145(4) stipulates that
pronouncements shall be made in open court – Open court hearing
can be traced from s.327 of Cr.P.C. and s.153-B of IPC – Thus all
the courts in India are open to the public, except when administration
of justice requires restriction  to public access – Publication of court
proceedings of Supreme Court is a facet of the status of Supreme
Court as a Court of Record by virtue of Art. 129 of the Constitution
– Court can take the aid of technology  for actualization of right of
access to justice or right to open justice and public trial, right to
know the development of law and right of justice at the doorstep of
the litigant – In the process, large segment of persons viz. entrants
in legal profession, journalists, civil society, activists, academicians
or students of law etc. would be able to view live proceedings in
propria persona on real time basis – This will epitomize transparency,
good governance and accountability – However, there may be cases
in which live streaming of proceedings may not be desirable as that
might affect the cause of administration of justice or right to dignity
and privacy of the litigants or witnesses – In case of conflict between
competing constitutional rights, the conflict needs to be harmonised
so as to give maximum expression to each right – Therefore,
regulatory framework is required to be formulated for live streaming
of judicial proceedings of Supreme Court – The project of live
streaming of court proceedings of Supreme Court must be
implemented in a progressive, structured and phased manner with
[2018] 11 S.C.R. 57
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SUPREME COURT REPORTS
[2018] 11 S.C.R.
safeguards to ensure holistic achievement of purpose of live
streaming without interfering with the administration of justice or
the dignity and majesty of the Court and without impinging upon
any rights of the litigants or witnesses – Code of Civil Procedure,
1908 – s. 153-B – Code of Criminal Procedure, 1973 – s.327.
Allowing the Writ petitions, the Court
HELD:
Per A.M. Khanwilkar, J. (for himself and Dipak Misra, CJI):
1. Open trials and access to the public during hearing of
cases before the Court is an accepted proposition. As regards
the pronouncement of judgments by the Supreme Court, there is
an express stipulation in Article 145(4) of the Constitution that
such pronouncements shall be made in open Court. Indeed, no
such express provision is found in the Constitution regarding
“open Court hearing” before the Supreme Court, but that can be
traced to provisions such as Section 327 of Cr.P.C. and Section
153-B of CPC. [Para 6][71-E-F]
2. Live streaming of Court proceedings has  the  potential
of throwing up an option to the public to witness live court
proceedings which they otherwise could not have due to logistical
issues and infrastructural restrictions of Courts; and would also
provide them with a more direct sense of what has transpired.
Thus, technological solutions can be a tool to facilitate actualization
of the right of access to justice bestowed on all and the litigants
in particular, to provide them virtual entry in the Court precincts
and more particularly in Court rooms. In the process, a large
segment of persons, be it entrants in the legal profession,
journalists, civil society activists, academicians or students of
law will be able to view live proceedings in propria persona on
real time basis. [Para 8][73-B-C]
3. Live streaming of Court proceedings is feasible due to
the advent of technology and, in fact, has been adopted in other
jurisdictions across the world. Live streaming of Court
proceedings, in one sense, with the use of technology is to
“virtually” expand the Court room area beyond the physical four
walls of the Court rooms. Technology is evolving with increasing
swiftness whereas the law and the courts are evolving at a much
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more measured pace. Introducing and integrating such technology
into the courtrooms would give the viewing public a 

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