Although, in lieu of the afore-enunciated
position, the significance of cameras in courts can by no means be
disregarded,nonetheless, the accessibility of the same has to be organized and
methodizedin an effort to prevent subversion of justice and safeguard the
independence of judiciary. Following are some suggestions which unavoidably
shall be incorporated :-
In view of the Right to Fair trial of the accused, reasonableness
demands that in cases involving criminal offences, the audio recordings of the
proceedings should not be made attainable by the public by any means, or else
the presumption of innocence until proven guilty could be jeopardized by
sensitization of the issue.
The appellate courts should be at liberty to have an access to both:
video and audio recordings of civil and criminal proceedings, in order to
ascertain the quality and veracity of the evidence recorded in the lower
The video and audio recordings of court proceedings in civil cases
should be brought within the ambit of RTI, in order to educate the public about
the judicial proceedings, whereas, in criminal cases, simply video recordings
should be obtainable as far as the public is concerned.
As far as broadcasting of the court proceedings by the media personnel
is concerned, the same shall be constrained in a manner that trial by media is
not facilitated. The use of recorded proceedings should be prevented from being
used in satire, entertainment, mockery or for any commercial use or
contrariwise it should be punishable.
No proceedings should be
accessible to the public which have been expressly or impliedly prohibited by a
law enacted by the Parliament in the interest of security of the state,
sovereignty and integrity of India, friendly relations with foreign states etc.
Specific list of rules under the RTI Act and the respective High Court
rules shall be enacted providing for an exhaustive list of conditions required
to obtain the CCTV footage of the Court proceedings, appended with the list of
exceptions to the said rules, meaning thereby that there should be minimum
scope for interpretation of the rules, by way of which the Court can refuse to
provide any CCTV footage. Among other
things it shall also provide the rules on the basis of which the recordings of
the court proceedings can be challenged, in order to circumvent frivolous
complaints and save the time of the court.
The non-appointment of respective authorities as provided under the RTI
Act such as Public Information Officer, by the Courts, acts as a major
impediment to the implementation of the provisions of the RTI Act itself,
therefore strict measures shall be taken to ensure that the Court appoints such
officers at the first place, who can provide such information as and when it is
Lastly, as far as educating the masses about judicial proceedings is
concerned the CCTV footage should be madeattainable to the public only after
conclusion of arguments and final verdict, whereas, the same should be
accessible to the parties to the case while the matter is sub judice as well inasmuch the party seeks to report
regarding some judicial misconduct or produce in its defence in appeal.