In a first, court proceedings in the district judiciary of Gujarat will soon be live-streamed for the public..As per a notification issued by the Registrar General of the Gujarat High Court, the guidelines for the Standard Operating Procedure (SOP) for the live-streaming has been approved by Chief Justice Aravind Kumar. A pilot implementation of the live-streaming is likely to be launched soon..The notification addressed to the principal judges of over 32 districts asks them to "be prepared" for the pilot implementation. The hardware for live-streaming has already been provided and installed in all the district courts..The notification further states that the SOPs have been finalised and are in tandem with the Model Rules of Live Streaming circulated by the the E-Committee of the Supreme Court of India."As directed, pilot implementation of live streaming shall be regulated as indicated in these Guidelines SOP. As further directed, this is to request your goodself to be prepared for pilot implementation of live streaming, as it is expected to be launched anytime soon," states the notification by Registrar General RK Desai..As per the SOP, the following will be excluded from live streaming:i. Matrimonial matters, child adoption and child custody including transfer petitions arising thereunder.ii. Cases concerning sexual offences, including proceedings instituted under Section 376, Indian Penal Code, 1860 (IPC).iii. Cases concerning gender-based violence against women.iv. Matters registered under or involving the Protection of Children from Sexual Offences Act, 2012 (POCSO) and under the Juvenile Justice (Care and Protection of Children) Act, 2015.v. Matters registered under or involving the Medical Termination of Pregnancy Act, 1971.vi. In-camera proceedings as defined under Section 327 of the Code of Criminal Procedure, 1973 (CrPC) or Section 153 B of theCode of Civil Procedure, 1908 (CPC).vii. Matters where the Bench is of the view, for reasons to be recorded in writing that publication would be antithetical to the administration of justice.viii. Cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to result in a breach of law and order.ix. Recording of evidence, including cross-examination.x. Privileged communications between the parties and their advocates; cases where a claim of privilege is accepted by theCourt; and non-public discussions between advocates.xi. Any other matter in which a specific direction is issued by the Bench or the Chief Justice..It further states,"The final decision as to whether to allow the live streaming of the proceedings or any portion thereof will be of the Bench. However, the decision of the Bench will be guided by the principle of an open and transparent judicial process. The decision of the Bench shall not be justiciable, provided that, in case of difference of opinion, the matter can be referred to a larger Bench for a final decision."In case the judge on the concerned bench is desirous of opting out of live-streaming while dictating the order/oral judgment, live-streaming will be paused during that period.The content of the live-streamed recording shall be posted on the courts’ website or made available on such digital platforms as directed by the Court.No person/entity, including print and electronic media and social media platforms other than an authorised person/entity shall record, share and/or disseminate live-streamed proceedings or archival data..[Read the notification and SOP]
In a first, court proceedings in the district judiciary of Gujarat will soon be live-streamed for the public..As per a notification issued by the Registrar General of the Gujarat High Court, the guidelines for the Standard Operating Procedure (SOP) for the live-streaming has been approved by Chief Justice Aravind Kumar. A pilot implementation of the live-streaming is likely to be launched soon..The notification addressed to the principal judges of over 32 districts asks them to "be prepared" for the pilot implementation. The hardware for live-streaming has already been provided and installed in all the district courts..The notification further states that the SOPs have been finalised and are in tandem with the Model Rules of Live Streaming circulated by the the E-Committee of the Supreme Court of India."As directed, pilot implementation of live streaming shall be regulated as indicated in these Guidelines SOP. As further directed, this is to request your goodself to be prepared for pilot implementation of live streaming, as it is expected to be launched anytime soon," states the notification by Registrar General RK Desai..As per the SOP, the following will be excluded from live streaming:i. Matrimonial matters, child adoption and child custody including transfer petitions arising thereunder.ii. Cases concerning sexual offences, including proceedings instituted under Section 376, Indian Penal Code, 1860 (IPC).iii. Cases concerning gender-based violence against women.iv. Matters registered under or involving the Protection of Children from Sexual Offences Act, 2012 (POCSO) and under the Juvenile Justice (Care and Protection of Children) Act, 2015.v. Matters registered under or involving the Medical Termination of Pregnancy Act, 1971.vi. In-camera proceedings as defined under Section 327 of the Code of Criminal Procedure, 1973 (CrPC) or Section 153 B of theCode of Civil Procedure, 1908 (CPC).vii. Matters where the Bench is of the view, for reasons to be recorded in writing that publication would be antithetical to the administration of justice.viii. Cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to result in a breach of law and order.ix. Recording of evidence, including cross-examination.x. Privileged communications between the parties and their advocates; cases where a claim of privilege is accepted by theCourt; and non-public discussions between advocates.xi. Any other matter in which a specific direction is issued by the Bench or the Chief Justice..It further states,"The final decision as to whether to allow the live streaming of the proceedings or any portion thereof will be of the Bench. However, the decision of the Bench will be guided by the principle of an open and transparent judicial process. The decision of the Bench shall not be justiciable, provided that, in case of difference of opinion, the matter can be referred to a larger Bench for a final decision."In case the judge on the concerned bench is desirous of opting out of live-streaming while dictating the order/oral judgment, live-streaming will be paused during that period.The content of the live-streamed recording shall be posted on the courts’ website or made available on such digital platforms as directed by the Court.No person/entity, including print and electronic media and social media platforms other than an authorised person/entity shall record, share and/or disseminate live-streamed proceedings or archival data..[Read the notification and SOP]
