Live Streaming Of Court Proceedings: Karnataka High Court Directs State To Provide Requisite Infra At Subordinate Courts

A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj said,

"So far as the implementation of Live streaming in subordinate courts is concerned it is to be done in phased for which state has to provide infrastructure as per the direction issued by Apex court, live streaming has to be implemented in phased manner as such we will direct the state govt to consider the requirement of infrastructure for implementing the live streaming in the subordinate courts and provide the same expeditiously in accordance with law."

Following which the court disposed off the petitions filed by Advocate Dilraj Rohit Sequeira seeking implementation of the Supreme Court's 2018 decision in the case of Swapnil Tripathi v. Supreme Court of India, permitting live streaming of court hearings.

The bench in its order noted, "There is no dispute to the admitted fact that the live streaming in the High Court has been implemented, the rules Karnataka Rules on Live Streaming and Recording of Court Proceedings, 2021 is notified and gazetted on December 30, 2021. It is also not in dispute that Karnataka e-filing rules have also been notified on 05/01/2022."

It added that, "It is also to be noted that under the notified rules, the legal transcription of live streaming has been provided. So far as the live streaming of judicial proceedings in the high court is concerned the grievance of the petitioner has been addressed." Following which the court disposed off the petitions.

The Rules came into force from January 1, 2022 and apply to the High Court and to courts and tribunals over which it has supervisory jurisdiction. The rules are notified to imbue greater transparency, inclusivity and foster access to Justice.

As per the rules, "Live-stream or Live-streamed or Live-streaming" means and includes a live television link, webcast, audio-video transmissions via electronic means or other arrangements whereby any person can view the Proceedings as permitted under these rules. While, "Proceedings" means and includes judicial proceedings, administrative proceedings, Lok Adalat proceedings, full-court references, farewells and other meetings and events organised by the Court.

Importantly the rules says, "In order to decongest the court rooms, dedicated room(s) for viewing the Live-stream may be made available within the Court Premises. Access shall be given to law researchers, staff, litigants, academicians, and media personnel authorised to enter the Court Premises upon receipt of necessary permissions/approvals."

It is also stated that, "No person or entity (including print and electronic media, and social media platforms) other than an authorised person or entity shall record, share and/or disseminate Live-streamed Proceedings or Archival Data. This provision shall also apply to all messaging applications." Any violation by any person/entity will be prosecuted as per law.

Regarding preparing transcripts of the Live tele-casted proceedings it is stated that it shall be prepared for recordings only when directed by the Court. The transcripts may be translated into other scheduled languages and recordings uploaded will be made accessible for differently- abled persons.

Case Title: Dilraj Rohit Sequeira v. Union Of India

Case No: 50892/2019

Citation: 2022 LiveLaw (Kar) 8