Skip to main content

CCTV in courts outside RTI purview, sans sound recording is against transparency: CJAR on Supreme Court order

By A Representative
India’s top legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has taken strong exception to the Supreme Court “direction” that “CCTV video coverage will be beyond the reach of the Right to Information (RTI) Act.”
In a statement on the Supreme Court order in Pradyuman Bisht v Union of India, passed on March 28, directing the experimental use of CCTVs in trial courts in at least two districts of each large state, CJAR says, while it welcomes the development, “we are troubled by some of the accompanying directions.”
Pointing out that the directios “have the effect of defeating the purpose of this exercise and not being in the interests of ushering in greater transparency and accountability in the functioning of the judiciary”, CJAR says, “As a matter of principle, courts cannot and should not carve out such exceptions to an important transparency law without very strong and compelling reasons.”
Those association with CJAR include Justice (retd) PB Sawant, Justice H Suresh (retd), well-known advocates Mihir Desai and Prashant Bhushan, senior activists Nikhil Dey, Cheryl Dsouza, Venkatesh Sundaram, Indu Praskash Singh, Annie Raja, Madhuresh Kumar, and Anjali Bharadwaj, among others.
“In the present instance, as all court proceedings are necessarily open to the public, we do not see any reason whatsoever for the exclusion of the videos obtained from the CCTV cameras from the scope of the RTI Act”, the statement underlines.
“Once people are allowed to watch the proceedings, there is no reason whatsoever to deny those people a copy of the record of those proceedings”, the statement says, adding, “The denial of such record would continue to lead to disputes about what actually transpired in the court.”
“There is no reason for such disputes to remain, when current technology allows a clear record of what transpired to be kept and made available”, the statement says, adding, “While the High Court has been empowered to grant permission to anyone seeking the video recording, we do not think that this is an adequate or viable replacement to the mechanism of the RTI Act.”
“Further”, the statement says, “by not providing for sound recording, the CCTV experiment as directed by the Court is bound to fail.” It insists, “The goal of ensuring full transparency in the judicial process would be completely defeated if CCTV footage is not accompanied by audio recording of the proceedings.”
Claiming that the order is “in keeping with the Supreme Court’s reluctance to allow audio-video (AV) recording of court proceedings in the past”, the statement says, “In November 2014, the e-Committee of the Supreme Court rejected the Central Government’s proposal to introduce AV recording in subordinate courts as a part of the e-Courts project.”
“Later in January 2015, a 3-judge bench of the Supreme Court dismissed a petition that proposed the installation of CCTV cameras in the court halls of the Supreme Court”, the statement says, adding, “Thereafter, in July 2015 as well, the e-Committee did not consider the Central Government’s proposal to install AV recording systems in subordinate courts on the ground that the courts system in India has not reached the level where recording of court proceedings can be permitted.”
The statement argues, “The interests of transparency in judicial proceedings will be rendered more meaningful if there is audio and video recording of court proceedings. We therefore urge the Supreme Court to modify its order so this much needed experiment is launched in a more sustainable manner, which can then be expanded to all levels of the judiciary.”

Comments

TRENDING

Adani coalmine delayed? Australian senate fails to pass crucial "reform" amendment for project's financial closure

Adanis' Mundra power plant, controversial in Australia By  A  Representative In what is being described as a new “new hurdle”, the proposed Adani coalmine in the Queensland state of in Australia failed to get the crucial Australian Parliamentary nod, essential for financial closure for one of the biggest coalmining projects in the world. The government lost the Senate vote 35-33, meaning the legislation won't pass until the Senate returns in mid-June.

Paul Newman wasn't just remarkably talented, he was anti-war activist, disdained Hollywood excesses

By Harsh Thakor*  On January 26th of this year, we celebrated the birth centenary of Paul Newman, one of the finest actors of his era. His passing on September 26, 2008, after a prolonged battle with lung cancer, was met with an outpouring of tributes and remembrances from artists across the film industry, all sharing their thoughts and memories of the legendary actor.  

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy  Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

Health expert Dr Amitav Banerjee on commercialization of healthcare and neglect of natural immunity

By AK Shiburaj  In an interview with me, eminent health expert Dr. Amitav Banerjee has examined the impact of privatization on the healthcare sector, the implications of the World Health Organization (WHO) becoming a commercially driven entity, and the consequences of a pharmaceutical industry prioritizing profit over public health. He argues that an approach ignoring the importance of natural immunity fosters a drug-centric system that undermines the benefits of modern medicine.

Haven't done a good deed, inner soul is cursing me as sinner: Aurangzeb's last 'will'

Counterview Desk The Tomb of Aurangzeb, the last of the strong Mughal emperors, located in Khuldabad, Aurangabad district, Maharashtra, has this epitaph inscribed on it: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e maa ghareebaan gumbad e gardun bas ast" (the rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave).

Trust, we (from People to PM and President) did not take a Holy Dip in some Holy Shit!

By Dr Mansee Bal Bhargava  I could see two deeply interlinked aspects between human and water in #MahaKumbh2025. Firstly, the HOPE that a ‘holy dip’ in the River Ganga (colloquially referred as dubki and spiritually as ‘Snan’) will cleanse oneself (especially the sins); and secondly, the TRUST that the water is pure to perform the cleansing alias living the hope. Well, I consider hope to be self-dependent while, trust is a multi-party dependent situation. The focus here is on the trust and I shall write later on hope.

Hyderabad seminar rekindles memories of the spark lit 50 years ago by students

By Harsh Thakor*  History is something we constantly remember and reflect upon, but certain moments and events bring it back to our memory in a special way. For the Telugu people, and Telangana in particular, the memorial seminar held on February 20–21 was a significant occasion to recall the glorious events, transformations, leaders, and heroes of past struggles. Thousands of students rewrote the history of people's movements in Andhra Pradesh, carrying revolutionary zeal and the spirit of self-sacrifice to levels comparable to the Russian and Chinese Revolutions.

4th Dalit literature festival to address critical issues affecting Dalits, women, tribals

By A Representative  The 4th Dalit Literature Festival (DLF) has been announced, with the theme "World Peace is Possible Through Dalit Literature."  The festival will take place on February 28th and March 1st, 2025, at Aryabhatta College, University of Delhi (South Campus).  Organized by the Ambedkarvadi Lekhak Sangh (ALS) in collaboration with Aryabhatta College, Dalit Adivasi Shakti Adhikar Manch (DASAM), and other organizations, the DLF aims to highlight the power of Dalit literature in fostering global peace and addressing social injustices.

Vadodara citizens urge authorities to adhere to environmental mandates in Vishwamitri River Rejuvenation Project

By A Representative   A coalition of environmental activists, ecologists, and urban planners in Vadodara has issued an urgent appeal to state and municipal authorities, demanding strict compliance with court-mandated guidelines for the upcoming Vishwamitri River rejuvenation project. Scheduled to commence in March 2025, the initiative aims to mitigate flooding and restore the river, but citizens warn that current plans risk violating National Green Tribunal (NGT) orders and jeopardizing the river’s fragile ecosystem, home to endangered species like crocodiles and Indian Softshell Turtles.  

Buddhist communities in Michigan protest for Mahabodhi Temple’s return to Buddhist control

By A Representative   Buddhist communities in Michigan have staged protests demanding the return of the Mahabodhi Vihara in Gaya, Bihar, India, to full Buddhist control. The Mahabodhi Temple, regarded as the holiest pilgrimage site in Buddhism, is currently managed under the Bodhgaya Temple Act of 1949, which grants a majority of control to non-Buddhists.