With the Supreme Court divided over questions of transparency in its functioning, Senior Advocate Indira Jaising has now approached the Apex Court demanding live streaming and video recording of cases of national importance.
In the Petition, Ms. Jaising asserts that live telecast of such cases will increase access to courts, and “negate second-hand information”. She contends that the "right to seek, receive information including live streaming of Supreme Court proceedings" is a Fundamental Right guaranteed under Article 19(1)(a) of the Constitution.
She further submits, "That our constitutional fabric is such that we accept the cardinal principle that justice must not only be done but seen to be done and thus it becomes essential that persons that may be affected by the Supreme Court’s decisions be able to access the same vide live streaming and video recording. Citizens including the Petitioner herein has a fundamental right under Article 19(1)(a) to receive information by way of live streaming of proceedings in the Supreme Court of India."
The Petition, therefore, prays, "A. Issue a writ order, or direction declaring that Supreme Court case proceedings of “constitutional and national importance having an impact on the public at large or a large number of people” shall be live streamed in a manner that it is easily accessible to the public for viewing; B. Issue a writ of mandamus or direction directing the Respondent-1 representing Chief Justice and Judges of the Supreme Court to frame guidelines that enable the determination of cases as cases of “constitutional and national importance having an impact on the public at large or a large number of people” that qualify for live streaming and such guidelines shall be placed before the full court for approval; C. Issue a writ of mandamus or direction directing the Respondent-1 representing Chief Justice and Judges of the Supreme Court to take all necessary actions required to live stream Supreme Court cases of “constitutional and national importance having an impact on the public at large or a large number of people” that qualify for live streaming; and/or D. Issue a mandamus to Respondents number 2,3, and 4 to make available all the necessary infrastructure required to live stream and/or video record proceedings in the Supreme Court. E. Pending the availability of the infrastructure for live streaming, issue a writ of mandamus or direction directing the Respondent-1 representing Chief Justice and Judges of the Supreme Court court to record the proceedings of the court in matters of constitutional and national importance that impact the public at large and to upload these on its own YouTube channel which must be created, and would qualify for live streaming till the time the facility of live streaming is arranged. Such a channel would be cost effective and can be immediately put in place until arrangements are made for live streaming from infrastructure in Court..."
Read the Petition Here