2017 (8) TMI 1196 - SC - Indian Laws

Supreme Court Orders CCTV in Courts for Transparency & Public Trials

Pradyuman Bisht Versus Union of India & Others

The Supreme Court directed the installation of CCTV cameras in courts in two districts of every State/Union Territory to enhance transparency and ... Cost of installation of CCTV cameras - proceedings in Court captured on the CCTV camera - Held that:- We direct that this aspect may now be taken up by learned Additional Solicitor General with the concerned authorities so that an appropriate direction is issued by the concerned authority for installation of CCTV cameras in Tribunals in same manner as in Courts and an affidavit filed in this Court. We find from the report that there is a variance about the cost of installation of CCTV cameras and no uniform technical specifications have been prescribed. We direct the Union of India, Ministry of Information and Technology in consultation with E-Committee of this Court to lay down technical specifications and other modelities, including price range and sources of supply for installation of CCTV cameras in Courts. This may be done within a period of one month from today and such information may be provided to all the High Courts. The duration for which audio and video recordings may be retained may normally be three months, unless otherwise directed by any High Court. Though our earlier direction was to install CCTV cameras in two districts in every State/Union Territory, with the experience now gained, it is desirable that CCTV cameras are installed in all subordinate courts in such phased manner as may be considered appropriate by the High Courts. Schedule for the purpose may be laid down within one month and information furnished to this Court within two months. Audio recording may also be done. Similar directions may be issued by the Government for Tribunals. Issues:Installation of CCTV cameras in courts, privacy concerns of judicial officers, necessity of audio recording, jurisdiction of High Courts, technical specifications and cost of installation.Analysis:The Supreme Court directed the installation of CCTV cameras in courts in two districts of every State/Union Territory, excluding small states. The purpose was to promote transparency and good governance. The Court emphasized the importance of public trials for fair administration of justice, citing past judgments. Reports were received from various High Courts regarding the installation progress. The Union of India highlighted the utility of CCTV cameras and the need for audio recording to assist in monitoring court proceedings.Regarding privacy concerns, it was argued that as court proceedings are open to all, there should be no issue with CCTV cameras. The Court acknowledged the reservations expressed by some High Courts but emphasized the benefits of CCTV cameras in advancing the interest of justice. It was noted that the footage would not be available under the Right to Information Act without the High Court's permission.The Court also discussed the jurisdiction of High Courts under Article 235 of the Constitution to supervise subordinate courts. It was suggested that audio recording, in addition to video, could aid in the exercise of this power. The Court found the installation of CCTV cameras to be in the interest of justice and directed the Union of India to extend this to Tribunals as well.There was a variance in the cost and technical specifications for installation across different regions. To address this, the Court directed the Union of India to lay down uniform technical specifications, pricing, and retention period for audio and video recordings within one month. It was decided that CCTV cameras should be installed in all subordinate courts and Tribunals, with a schedule to be determined by the High Courts.High Courts that had not submitted their reports were instructed to do so promptly. The Secretary General of the Court was tasked with monitoring the receipt of this information. The matter was listed for further consideration on a specified date.