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Dinesh Tripathy

Subordinates

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6 views3 pages

Dinesh Tripathy

Subordinates

Uploaded by

vickyvino0414
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case Summary and Outcome The Supreme Court of India ruled that proceedings of cases before the Supreme Court of constitutional and national importance should be broadcast to the public. This case had been brought to the court by various petitioners, representing the public interest, arguing that such public broadcast would further the principle of open justice and open courts. The Court held that the ability to view live broadcasts of the Supreme Court proceedings flowed from the right of access to justice in the Constitution, but said that this right should not be absolute and provided a set of Model Guidelines which should govern the courts’ discretion on when such broadcast should be used. Facts In 2017, various individuals and groups (including Swapnil Trapathi, Indira Jaising, Mathews J. Nedumpara and the Centre for Accountability and Systemic Change) filed petitions before the Supreme Court of India under article 32 of the Constitution seeking a declaration that “Supreme Court case proceedings of ‘constitutional importance having an impact on the public at large or a large number of people’ should be live streamed in manner that is easily accessible for public viewing” (para. 1). In addition, they sought guidelines from the Court to enable the future determination of cases that would qualify for live streaming. The petitioners based their streaming. The petitioners based their argument on the 1996 Supreme Court case of Naresh Shridhar Mirjkar v. State of Maharashtra [1966] 3 S.C.R 744 which had held that article 19 of the Constitution included the right of journalists to publish reports of court proceedings. In that case the Supreme Court had emphasized “the efficacy of open trials for upholding the legitimacy and effectiveness of the Courts and for enhancement of public confidence and support” (para. 1).

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