The Jammu & Kashmir High Court in the case observed and has notified the Live Streaming and Recording of Court Proceedings Rules of the High Court of Jammu & Kashmir and Ladakh, 2023.
The said rules in the case will set up infrastructure and the framework for enabling the live streaming and recording of proceedings so as to imbue greater transparency, inclusivity, and foster access to justice.
In its notification it is stated which being subject to the limitation, the live stream shall commence as soon as the bench assembles and instructs the court staff to start the proceedings and the same shall end when the bench signals of its conclusion for the day. In the said case there shall be a delay of ten minutes in the streaming and which may be changed as per the direction of the Court.
Further, it has also been stated in the notification that in the said case the judge concerned on the bench is desirous of opting out of live streaming while dictating the order or oral judgement, the live streaming will be paused during that period. Therefore, in such circumstances the monitors will display a message, the order dictation in progress. Thus, the bench rises for recess or otherwise, the live streaming will be paused, and the message will be displayed on the monitor, the court not in-session. It has also been excluded under the rule in the said proceedings like matrimonial matters, cases which relates to sexual offences, gender based violence cases, POCSO matters etc. from being live streamed. The court also included the said provisions by the court for exercising objections which being against such live streaming by any of the parties by raising the same at the time of institution of the case or any later stage and the final decision as to whether the court to allow the live streaming of the proceedings or any portion thereof will be of the bench
Further, it has been stated that the division bench will be guided by the principle of an open and transparent judicial process.
