Journalists' Plea For Live Reporting: Madhya Pradesh High Court Directs Its IT Wing To Share VC Links 'Without Unnecessary Delay'

Hearing a plea filed by 4 Journalists seeking media access to Court's Proceedings, the Madhya Pradesh High Court on Thursday directed it's IT Wing to give effect to the resolution of the E Committee for sharing link of live streaming of court proceedings in one way mode "without unnecessary delay."

A division bench comprising of Justice Prakash Shrivastava and Justice Virender Singh disposed of the plea while ordering thus:

"Hence, the writ petitions are disposed of by taking note of the resolution of the E-Court Committee of the High Court dated 14.06.2021 in respect of sharing the link of live streaming of Court proceedings conducted via Video Conferencing through website of the High Court in one way mode and directing the I.T. Wing of the High Court to give effect to the said resolution without any unnecessary delay."

However, the Court clarified that the live streaming of the court proceedings will be done subject to restrictions as mentioned in the Swapnil Tripathi judgment and as may be imposed by the Rules which may be framed by the Court in this regard.

It may be noted that the legal journalists, Nupur Thapliyal (Legal Correspondent, Live Law), Sparsh Upadhyay (Special Legal Correspondent, Live Law), Areeb Uddin Ahmed (Legal Correspondent, Bar, and Bench), and Rahul Dubey (Legal Correspondent, Dainik Bhaskar) had moved a petition challenging the MP Video Conferencing & Audio-Visual Electronic Linkage Rules, 2020 to the extent they preclude 'third parties' from accessing virtual court proceedings and cause difficulty to media persons in real-time reporting on a public forum for citizens.

According to the High Court (Respondent), it was submitted that the issue relating to live streaming of the Court proceedings was placed before the E-Court Committee and that the Committee has resolved to share the link of live streaming of Court proceedings through website of the High Court in one way mode.

The Madhya Pradesh High Court administration had earlier this week submitted by way of an affidavit that they have decided that it will start providing the web links on its website so that the same could be accessed and court proceedings could be viewed which are currently being held via video conferencing mode.

The copy of the statement filed by the High Court Administration, and accessed by Live Law, further stated that it has approved to provide the weblinks and a resolution to this effect had been passed on June 15 pursuant to a meeting of the High Court's Computer and e-Committee, which was held on June 14.

The petitioners were represented by Senior Advocate Mr. Nidhesh Gupta assisted by Mr. Manu Maheshwari, Advocate.

During the last course of proceeding, Mr. Nidhesh Gupta expressed his gratitude to the High Court establishment for the path-breaking decision of the E-Committee requested the Court that the said decision of the E-Committee must be implemented forthwith immediately.

Mr. Gupta further requested the High Court to implement the decision of the E-Committee for all the Courtrooms of the High Court without any exceptions.

On this, the Court orally remarked thus:

"You people have in fact assisted the Court and the E-Committee of the High Court has taken a decision to provide the live web links of the hearings being conducted through virtual mode on its website".

Justice Prakash Shrivastava observed thus:

"The judgment of the Supreme Court in Swapnil Tripathi has to be given full effect to and the High Court is bound by it. However, this is subject to exceptions as adumbrated in the aforesaid judgment of maintaining privacy of proceedings in appropriate cases wherever required."

The Court had earlier observed that no one can dispute the right to the media persons to report the Court's proceedings live, however, the same must be examined by the E-committee of the High Court.

Title: Nupur Thapliyal & Ors. v. High Court of Madhya Pradesh, Jabalpur & Anr.

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