A Bench of Justice Adarsh Kumar Goel and Justice
UU Lalit on 28th March 2017 passed a path-breaking Order in Writ Petition
(Criminal) No. 99/2015 titled as "Pradyuman Bisht vs Union of India and
others". In this order, the Supreme Court directed the Government to
install CCTV cameras in at least in two districts in every State/Union
Territory inside the courts and at such important locations of the court
complexes as may be considered appropriate. The Court directed that
installation of these CCTV cameras be completed within three months and the
report of such experiment be submitted within one month of such installation by
the Registrar Generals of the respective High Courts to the Secretary General
of Supreme Court who will have it tabulated and placed before the Court. THe
matter was adjourned to 9th August, 2017 for further consideration. .............
Here is the
Text of the Order passed on 28th March 2017 :
"Heard.
In
pursuance of order dated 6th February, 2017, Mr. Maninder Singh, learned
Additional Solicitor General, and Mr. R. Venkatramani, learned senior advocate,
who were appointed as amicus to assist the Court visited the Gurgaon Courts and
have 2 submitted their respective written notes.
We have gone through the
written notes and also heard Mr. R. Venkatramani.
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 CCTV camera will not be
available under the R.T.I. and will not be supplied to anyone without
permission of the concerned High Court. Installation may be completed within
three months from today.
The report of such experiment be
submitted within one month of such installation by the Registrar Generals of
the respective High Courts to the Secretary General of this Court who may have
it tabulated and placed before the Court.
List on Wednesday, the 9th
August, 2017 for further consideration."
However,
concerns have been raised by certain quarters that the
following
directives given in the order defeats its very purpose:
(a)CCTV
video footage will be beyond the reach of RTI
(b)CCTV
footage is not accompanied by audio recordings of the court proceedings.
It would be interesting to see as to how the Hon’ble Apex Court deals with such concerns in further hearings…
Sunil Goel
Advocate
Advocate
