'Can't Live Stream Everything, It Is About The Infrastructure': Gujarat HC Dismisses PIL For Live-Streaming Of GIC Proceedings

Update: 2023-08-02 07:50 GMT
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The Gujarat High Court on Tuesday dismissed a Public Interest Litigation (PIL) plea seeking the live-streaming of proceedings at the Gujarat Information Commission (GIC) observing that "everything can't be live streamed, it can't be mandated by the court as it about the infrastructure""Every tribunal and every forum cannot be expected to live-stream the proceedings. They will do it in...

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The Gujarat High Court on Tuesday dismissed a Public Interest Litigation (PIL) plea seeking the live-streaming of proceedings at the Gujarat Information Commission (GIC) observing that "everything can't be live streamed, it can't be mandated by the court as it about the infrastructure"

"Every tribunal and every forum cannot be expected to live-stream the proceedings. They will do it in phases. There is no occasion to issue a mandate at this moment." Chief Justice Sunita Agarwal remarked as the bench, also including Justice NV Anjaria, dismissed the PIL plea.

The Court was essentially dealing with a PIL plea filed by two RTI Activists Saumil Rajpara and Dipesh Joshi seeking a direction to the GIC to livestream its proceedings so as to bring in “transparency in the procedure adopted by them”.

When the Court was apprised by the Counsel for the petitioners that the GIC was considering live-streaming its proceedings, the CJ orally remarked that if they are considering it, they would do it but the Court can't issue any direction to them in this regard.

"Live streaming is a matter of policy and it requires infrastructure. We can't mandate live streaming by issuing any positive mandamus. No cause has been espoused that would require any interference by the Court. It is open for the petitioners to seek the progress in the matter by filing an appropriate application," the Bench remarked as it dismissed the PIL Plea.

In related news, in response to a question raised by MP KR Suresh Reddy in the present monsoon session, the Ministry of Law and Justice recently said that live streaming of court proceedings has been initiated in seven high courts across the country.

"As on 17.07.2023, Live Streaming of court proceedings has been started in High Courts of Gujarat, Guwahati, Orissa, Karnataka, Jharkhand, Patna and Madhya Pradesh thus allowing media and other interested persons to join the proceedings," the reply said.
While addressing the question regarding Model Rules for Live Streaming, the union government said the rules & procedure for live streaming of court proceedings in individual High Courts is an administrative matter of the concerned High Court and the Central Government has no direct role to play in the matter.

Case title - RAJPARA SAUMIL KANUBHAI vs. STATE OF GUJARAT

Case Citation: 2023 Livelaw (Guj) 126

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