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2017 (8) TMI 1196

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....Pratap,Adv. ORDER 1. Heard learned counsel for the parties. 2. Vide order dated 28.03.2017, this Court directed as follows : "We direct that at least in two districts in every State/Union Territory (with the exception of small states/Union Territories where it may be considered to be difficult to do so by the concerned High Courts) CCTV Cameras (without audio recording) may be installed inside the courts and at such important locations of the Court complexes as may be considered appropriate. Monitor thereof may be in the Chamber of the concerned District and Session Judge. Location of the district courts and any other issues concerning the subject may be decided by the respective High Courts. We make it clear that the footage of the CCT....

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.... are culture of the day and promotes good governance. He referred to the observations of this Court in Naresh Shridhar Mirajkar Vs. State of Maharashtra (1966) 3 SCR 744 as follows : "It is well-settled that in general, all cases brought before the Courts, whether civil, criminal, or others, must be heard in open Court. Public trial in open court is undoubtedly essential for the healthy, objective and fair administration of justice. Trial held subject to the public scrutiny and gaze naturally acts as a check against judicial caprice or vagaries, and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity, and impartiality of the administration of justice. Public confidence in the administration of....

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....him in exercise of his inherent power to hold the trial in camera either partly or fully? If the primary function of the court is to do justice in causes brought before it, then on principle, it is difficult to accede to the proposition that there can be no exception to the rule that all causes must be tried in open court. If the principle that all trials before courts must be held in public was treated as inflexible and universal and it is held that it admits of no exceptions whatever, cases may arise where by following the principle, justice itself may be defeated. That is why we feel no hesitation in holding that the High Court has inherent jurisdiction to hold a trial in camera if the ends of justice clearly and necessarily require the ....

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.... is acknowledged utility of CCTV cameras in recording contemporary events which may be useful for any monitoring authority. By way of illustration, reference was made to orders of this Court directing CCTV cameras to be installed in all Police Stations and prisons in 2015 (8) SCC 744 Dilip K. Basu Vs. State of West Bengal & Ors. Similarly to curtail the events of eve-teasing, same direction was given in 2013 (1) SCC 598 Deputy Inspector General of Police & Anr. Vs. S. Samuthiram. 7. Some of the High Courts have suggested that audio recording should also be permitted modifying the earlier direction of recording without audio. They have expressed an opinion that installation of CCTV cameras will advance the interest of Justice. Learned ASG a....

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....Articles 226 and 227 of the Constitution over such Tribunals. We, therefore, 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. 10. 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. 11. 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....