The Supreme Court has directed the installation of closed circuit (CCTV) cameras inside lower courts in at least two districts in every State and Union Territory within the next three months. After years of hesitation and reluctance, the SC has finally permitted installation of CCTV cameras without audio recording.
In an unprecedented order by the apex court, a bench of Justices Adarsh K Goel and Uday U Lalit directed 24 high courts across the country to assure that district and sessions courts in a minimum of two districts in every state and union territories have CCTV cameras installed inside courtrooms and also in the court precincts within three months.
However, the SC barred access to the video footage to lawyers, litigants, and the general public through the Right to Information (RTI) Act. The bench stated that "We may make it clear that footage of the CCTV cameras will not be available under the RTI Act and will not be supplied to anyone without the permission of the concerned high court. Installation may be completed within three months from today.”
" 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." - The Supreme court bench.
Unlike Parliament and legislative bodies across the country, proceedings inside a courtroom have been a closely guarded affair with no access given to prying eyes. Court recordings are neither recorded via audio or video. Judges in India have always defended their freedom to engage in their work away from the eyes of the camera unlike in some other countries and international courts.
The order on the judicial side has come following several rounds of deliberations between the Central government and the top judiciary on the issue of audio-video recording of court proceedings. Since August 2013, Union Law Ministers have written to the then Chief Justices of India at least thrice to consider recording the court proceedings in the interest of transparency and better case management.
Many PILs in the past have been filed demanding audio-video recording of proceedings but all were dismissed by the court even though Law Commissions had made recommendations favoring audio-video recording.
The Supreme Court has been given the order to high courts to decide the location of the district courts where the experiment should be held and any other issues concerning the subject. It, however, exempted “small States/Union Territories” from this exercise, possibly considering the infrastructural handicap these States and UTs face, which would make it difficult for them to effectively implement the order.
The installation of CCTV in the courtroom is a historic step. However, how much it would help to bring transparency in your judiciary system is still arguable. let's welcome the positive change altogether with the best hope.