Srinagar: The High Court of J&K and Ladakh on Monday notified live-streaming and recording of court proceedings rules for what it claimed shall “imbue greater transparency, inclusivity, and foster access to justice.”
These rules will apply to the High Court of Jammu & Kashmir and Ladakh and to the courts and tribunals over which it has supervisory jurisdiction. The rules will come into force from the date notified by the High Court.
Cameras will be ordinarily installed in the courtrooms covering at least five angles; one towards the bench, the second and third towards the advocates engaged in the concerned matter, the fourth towards the accused (wherever applicable) and the fifth towards the deponent/witness, as required.
A remote-control device shall be provided to the presiding judge on the bench to pause or stop the live-streaming at any time. Advocates, witnesses, accused, or any other person permitted by the bench, shall use appropriate microphones while addressing the court.
In so far as a remote location is concerned, appropriate hardware will be deployed to the extent practicable, bearing in mind the provisions made in the aforementioned sub-rules.
Where proceedings are conducted through web links, including video conferencing services, appropriate software and hardware will be employed, if necessary, to generate an integrated feed for live-streaming.
The notification says a dedicated control room (DCR) shall be set up for every court complex. The DCR shall, inter alia, comprise an officer of the court, technical and video-recording experts.
The DCR will monitor and track proceedings as they are live-streamed, recorded, and transcribed. The DCR shall ensure that nothing uncivil or inappropriate is streamed in the public domain.
The coverage of proceedings will be coordinated by the technical experts under the direct supervision of the Registrar (IT) or her/his nominee. The Registrar (IT) and or their nominee shall be subject to the directions of the IT Committee for the overall implementation of live streaming and recording of proceedings.
Some sensitive matters like matrimonial cases, child adoption and child custody, including transfer petitions arising thereunder, the cases concerning sexual offences, gender-based violence against women, have been excluded from the live-streaming.
Besides issues involving the Protection of Children from Sexual Offences Act, 2012 (POCSO) and those falling under the Juvenile Justice (Care and Protection of Children) Act has also been left out of the streaming.
The court has also chosen not to live-stream in-camera proceedings of the matters falling under criminal procedure, recording of evidence, including cross-examination, privileged communications between the parties and their advocates.
A person objecting to live-streaming shall do so by filing a prescribed form to the court but the final decision shall vest in the bench.
In criminal matters, the testimony of victims and witnesses will be recorded for the exclusive use of the concerned bench and the appellate court, as per the direction issued in that behalf.
The anonymity of the victims and witnesses shall be maintained in the recordings via dummy names, face-masking, pixilation and electronic distortion of voice, as and when required by the court.
Audio video recording or recording of proceedings by any other means, beyond the mandate of the present rules has expressly been prohibited by the court.
