SWAPNIL TRIPATHI versus SUPREME COURT OF INDIA

SWAPNIL TRIPATHI versus SUPREME COURT OF INDIA

Live streaming of Supreme Court proceedings is permitted and necessary to actualize constitutional rights of open justice, access to justice, and transparency, but must be implemented in a progressive, structured, and phased manner, with safeguards to protect privacy, dignity, and proper administration of justice. Sensitive cases are to be excluded from live streaming, and rules should be framed under Article 145(1) of the Constitution.

Parties
Petitioner: Swapnil Tripathi; Respondent: Supreme Court of India
Jurisdiction
India
Judgment Date
26 September 2018
Procedural Posture
Writ Petition (civil) No. 1232 of 2017 / Final Decision
Outcome
Writ petitions allowed
Legal Topics
Open Courts, Live Streaming of Court Proceedings, Transparency, Right of Access to Justice
Constitutional Law Judicial Administration Open Courts Live Streaming of Court Proceedings Transparency Right of Access to Justice

Case Brief

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Parties

Swapnil Tripathi

Petitioner

Supreme Court of India

Respondent

Procedural Posture

Writ Petition (civil) No. 1232 of 2017 / Final Decision

Legal Issues

  1. 1 Whether live streaming of Supreme Court proceedings is permissible and should be implemented
  2. 2 What are the constitutional and statutory bases for open court hearings and access to court proceedings
  3. 3 What safeguards and rules are required for live streaming of judicial proceedings

Ratio Decidendi

Live streaming of Supreme Court proceedings is permitted and necessary to actualize constitutional rights of open justice, access to justice, and transparency, but must be implemented in a progressive, structured, and phased manner, with safeguards to protect privacy, dignity, and proper administration of justice. Sensitive cases are to be excluded from live streaming, and rules should be framed under Article 145(1) of the Constitution.

Court Disposition

Writ petitions allowed

Orders

  • Project for live streaming Supreme Court proceedings to be implemented progressively and with safeguards
  • Rules to be framed by Supreme Court under Article 145(1) for modalities, excluded categories, technology, agencies, norms