Tuesday 29 September 2015

Judicial Transparency Means Greater Accountability and Public Faith in Judiciary

Judicial Transparency Means Greater Accountability and

A properly functioning justice system is a prerequisite for a genuine democracy;

one that ensures respect for the rule of law and the separation of powers. Only a good

system reinforces the belief and confidence of common men and the public at large in

judiciary. Only such a system can withstand the test of time and fight against the

undesirable trends in judiciary. The idea of Judicial Transparency has different phases

in our present judicial set up, of which transparency in court proceedings and

transparency in the selection of Judicial Officers and Judges are of paramount

importance.

Transparency in court proceedings

Transparency in court proceedings and accountability of Judges ensure better

and quality dispensation of justice   and time bound disposal of cases. It brings forth rule

of law and social justice to common men who are the ultimate beneficiaries of a flawless

and effective judicial mechanism in a society. Modernization of court and court

proceedings, digitalization of court halls, recording of court proceedings, establishment

of adequate infrastructure in tune with present requirements are some of the ways of

creating better transparency and greater faith in our judiciary. To achieve better judicial

system, we have to start with e-filing in courts, e-stamping or online remittance of court

fees, easy access to court proceedings and status of cases pending as well as disposed

in our finger tips, availability of judgments and orders published in the official websites

immediately after its pronouncement are some of the ways to make our judicial system

more transparent, corruption -free, efficient, and systematic in the present modern world

Transparency in the Selection of Judicial Officers and Judges

The criteria for the selection of judicial officers in the lower and subordinate

judicial courts as well as in higher judiciary especially in HC and SC should be merit and

quality alone. To ensure that only meritorious judicial officers and judges are selected

and that they are given the best available training for better and qualitative dispensation

of justice, there should be a transparent and effective selection process, just like the

selection process prevalent in our civil service. There should be a systematic and well

planned selection process in the appointment of judicial officers especially in higher

judiciary, because an error happened in the judgment of a lower or a subordinate court

can be rectified by a higher court at any time by bringing the matter before it. But it is a

worst scenario if the error is made by a higher judiciary. It consumes not only valuable

money and precious time of the poor litigant, but also demoralizes and tarnishes the

image and integrity of judiciary among the public.  It is therefore critical that only the

most qualified candidates are appointed to the highest courts. This can only be ensured

through a transparent selection process that is based on the merits of the candidates,

rather than on their association or sympathy with the government in office or powerful

special interests.



Adv Bijimon P
High court of Kerala


Monday 28 September 2015

Writ petition for video recording of court proceedings(DHC) IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL AND SUPERVISORY JURISDICTION
WRIT PETITION (C) NO.             / 2015

Anjan Sinha                                               …      Petitioner
                                        Versus             
Union of India  & Ors.                         …      Respondents

SYNOPSIS

        The present issues on which the Petitioner seeks adjudication at this Hon'ble High Court are of utmost significance and have great consequences. For various reasons the petitioner is approaching this Hon’ble Court for making the transparency and accountability of the judiciary into an actuality. The video recording of the court proceedings will surely help our justice delivery system to function more efficiently, diligently and transparently. The video recording of the court proceedings will convert our court rooms actually and factually open, so that more and more tax-payers may be present at trials, hearings and similar routine matters, without being present into the courtroom physically. Nowadays we are using modern technologies, even from cricket to Parliament; we should not deprive our judiciary from taking the benefits of changing times and technologies. Hence the present Writ Petition.


        Points to be urged

1) Is there any law present in our country, which prohibits video recording of the court proceedings?

2) Isn’t it my right being a tax-payer as well as a litigant, to have recording of every court proceeding, when Article 215 of the Indian constitution says that all High Courts are “Courts of Record”?

3) Doesn’t ‘video recording’ reduce the security risks of the court rooms, by reducing the physical presence of General Public in large, in the court rooms?

4) Can’t we make the Courtroom journalism more easy, most coverable and enrich our knowledge in legal system by having ‘video recording’ facilities of court processes?

5) Can’t we offer more public participation in judiciary by creating an opportunity to witness the courtroom process ‘live’ as well as ‘online’?

6) Aren’t we missing our opportunities to train and enhance the knowledge and skill of our future generation lawyers, by not giving them an opportunity to follow the court proceeding directly and visually?

7) Shouldn’t we publicize the respect and authenticity of our Judiciary more efficiently by doing ‘video recording of court proceedings’?


 

C)                 Acts referred:-


1)   Constitution of India;

2)   Supreme Court Rules and High Court Rules

3)   Code of Civil Procedure,1908

4)   Criminal Procedure Code,1973

5)   Indian Evidence Act, 1872

6)   Any other Act.


Authorities to be cited:  At the time of arguments.

Date :     th September, 2015.
Place : New Delhi



Advocates for the Petitioner


IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL AND SUPERVISORY JURISDICTION
WRIT PETITION (C) NO.            /2015

                    
Anjan Sinha
L-30/D, Saket,
New Delhi – 110001                           …      Petitioner
               
                Versus

                       
1.   Union of India
Through its Secretary,
Department of Law and Justice
        Ministry of Law and Justice,
4th Floor, A-Wing, Shastri Bhawan,
New Delhi-110 001.

2.   The Attorney General for India
        Office of the Attorney General,
        Supreme Court Compound,
        New Delhi.

3.   T he Registrar, High Court of Delhi,

4.   Advocate General, State of Delhi

5.   The Secretary,
        Ministry of Justice,
        Government of India,
        Ministry of Law and Justice,
4th Floor, A-Wing, Shastri Bhawan,
New Delhi-110 001.

6.  The Bar Council of India

7.   The Bar Council of Delhi

8.   The Chairman,
Law Commission of India,
Law Commission of India,
14th Floor, Hindustan Times House
Kasturba Gandhi Marg,
New Delhi – 110 001.


9.   The Supreme Court Advocates on Record Association
Supreme Court Campus,
New Delhi-110 001

10.               The Supreme Court Advocates’ Association
Supreme Court Campus,
New Delhi-110 001


11.               The Advocate’s Association, High Court of Delhi.   …Respondents


WRIT PETITION(C) UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR GROSS VIOLATION OF FUNDAMENTAL RIGHTS RESULTING BY VIOLATING THE PRINCIPLES OF NATURAL RIGHTS.

TO
THE HONOURABLE CHIEF JUSTICE
AND HIS/HER OTHER COMPANION HONOURABLE JUDGES
OF THIS HONOURABLE Court

THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED

 MOST RESPECTFULLY SHEWETH
1. The petitioner is a citizen of India. and is approaching this court as a lawyer, where he had to face the court on behalf of many litigants. The respondents are the authorities/organs, legal as well as administrative, whereby they are called upon to respond to a call to make a small decision, by which there will be revolution, literally in the field of justice delivery in India.
2. Further, the instant Writ Petition involves construction, nay, the very interpretation of the provisions of the    Constitution of India; Code of Civil Procedure, 1908, Criminal Procedure Code,1973, Indian Evidence Act, 1872, Supreme Court  and High Court Rules  and, therefore, the views of the State and Registrar are absolutely relevant for a proper and just disposal of the instant proceeding.  What is stated of the State is equally applicable to the Union of India, also.
Order 1 Rule 1 of the Code of Civil Procedure provides as follows:-
“All persons may be joined in one suit as plaintiffs where—
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and
(b) if such persons brought separate suits, any common question of law or fact would arise.”
3.   The Attorney General of India is made a party Respondent since interpretation, nay, construction of the Constitution of India, Civil Procedure Code, Code of Criminal Procedure, The Indian Evidence Act, are involved.  Further, Order XXVIIA CPC requires that if a suit involves determination of a substantial question of laws as to interpretation of the Constitution or as to the validity of any statutory instrument, the Court shall not proceed to determine that question until after notice has been given to the Attorney General for India if the question of law concerns the Central Government and to the Advocate-General of the State if the question of law concerns a State Government.
4.          It is an era of information and especially driven by the technology. The justice delivery system and the judiciary, which is the seat of justice, equity and good conscious, cannot turn a blind eye or anemic to the changes in the social and technical arena. As a matter of fact, nothing is static and everything is exposed to change except the change itself. Rather, except change everything changes.  Hence the petitioner expect and foresee changes in the judiciary as well.
5.          Article 215 of the Constitution of India states that
                 “215. Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.”

Even though the high courts are the court of record, it is maintained in the form of type writing and other conventional methods. There is no Rule, Act or else the provisions of the Constitution which prevents the recording of the court proceedings in digital format by way of audio-video recording. Hence the petitioner herein most humbly prays that the proceedings of the court may please be recorded for making it more responsive and accountable. It will surely be having many advantages in the fore run to make our judiciary more transparent and aid it in the speedy dispensing of justice.
6.           The public opinion as the judiciary gathers is very important in keeping the sanctity of the judiciary. The seat of justice is of sacrosanct importance and can be aided in keeping such a high esteem before the public at large by recording its own proceedings. The credibility of the institution will only increase and reach to its zenith by adopting such a dynamic course And the credibility of the institution is more important than the individual opinions and fallacies. There may be many individual associated with the very institution at various capacities as the hon’ble lordships and surely as the advocates also. The litigant community is the one which is most affected by any of the decision of the said community. But at any stretch of imagination the litigants cannot take part in the proceedings and is only a mute spectator to the said proceedings and at times even not able to be a spectator to such proceedings. But for all theoretical purposes, the judicial proceedings are the public affairs and the public at large are also entitled to witness the proceedings, until unless it is decided to be an in camera proceedings. Whereas due to security and other reasons, the entry in to this High Court campus is virtually impossible to the parties to the suits/proceedings, and the question of the general public witnessing the said proceedings, even when the same is a public proceeding is beyond imagination. The video recording and telecasting can increase the public confidence in the judicial system and can cause the reputation of the courts to reach new heights.  
7.           Looking at the legislature, both houses of Parliament of India, which is another pillar of democracy, the proceedings are recorded and even telecasted all over India. Even  most of the legislative assemblies are allowing recording of its proceedings and even telecasting the same within the territory of its respective territorial areas.
8.           Article 215 of the Indian Constitution, which says that all High Courts are "Courts of Record". Still as per present days’ practice there is no "record" of what is argued in Indian "Courts of Record". And the end sufferers of this practice are the litigants i.e. the taxpayers of our country.
9.           The very legislative body that frames and passes law in India (i.e. the Lok Sabha, which is the 'House of the People') have been televising their own Parliamentary proceedings for almost a decade now. In other words, the body that has framed the Contempt of Courts Act for the Courts does not deem it contemptuous if its own proceedings are known to the public, and they are held accountable for their conduct. So there is no reason to be reluctant to allow the camera into court-rooms, especially when this would provide incontrovertible-evidence of what goes on inside.
10.               Country after country has found that entry of the video camera into the courtroom renders transparency into what is most certainly an opaque process even in the eyes of the direct participants i.e. the lawyers/litigants who are party to any particular case. Even Nigeria, Zambia and Sierra Leone have started recording of their court's proceedings.
11.       Further looking to various courts proceedings in the democracies, world over, the recording of court proceedings are taking effect in many of the nations and the remaining are on its way to adopt such a dynamic concept. The Petitioner surely realizes that the Government and the judiciary are committed to open justice. Open justice is a long-standing and fundamental principle of our legal system. Justice must be done and must be seen to be done if it is to command public confidence. It is not enough that our Courts are open as a matter of general principle: it has to be a reality. This argument has been made for many years; in 1924, Viscount Hewart, then Lord Chief Justice, stated that “Justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
12.       The petitioner submits that the audio and video recording would not involve substantial cost and there is no involvement of any kind of infrastructural improvement and it should be done for the sake of transparency. It is his further submission that the said audio and video recording would show an undeniable and objective record of what transpired in Court. It is propounded by the petitioner that it would hasten the dispensation of justice and fulfil the hopes of the litigants. It is highlighted that in a progressive and civilized society, audio and video recording would add more transparency to the justice dispensation system as well as cut down delays in disposal of cases.
13.      The United Kingdom is the nation from where we have adopted the parliamentary democracy, and so the law followed by us is very much English law. the same nation has turned a green signal to the recording. The Supreme Court proceedings are recorded and telecasted and further it is available in the internet for the general public to watch in any later real time.
14.      It is well understood that in a country like us in which majority of the population are not professionally qualified or many of them even illiterates, allowing people to see and hear judges’ decisions will increase their understanding of the court without undermining the proper administration of justice. Given the complexity of legal issues in judicial proceedings, we believe that allowing advocates’ arguments to be filmed in addition to judgments would be more likely to improve public understanding than judgments alone. The purpose is to ensure that there are proper and accurate court records so that the lis/dispute is properly addressed. Also the conduct of various stakeholders, including that of persons seeking and obtaining adjournments, for the asking, is recorded. Perjury and contempt that are routine will get addressed. And there will be increased confidence in the system. Introduction of video-recording would be a big step towards transparency, equality and realisation of quick justice.
15.      In United States of America, Fourteen federal trial courts are taking part in the federal Judiciary's digital video pilot, which started July 18, 2011, and will evaluate the effect of cameras in courtrooms. All 14 courts volunteered to participate in the three-year experiment, which has been extended to run through July 18, 2015. More information, including a list of the 14 participating courts, is available on the Overview of Pilot web page.
16.      In Australia, The High Court (The Apex Court there) has been considering how to improve public access to its hearings.  All hearings of the Court are open to the public. The Court also provides online access to a wide range of case-specific information.  The Court has now decided to take the further step of publishing on its website audio-visual recordings of Full Court hearings heard in Canberra.
17.      Many a times the court proceedings are vitiated by some malicious parties to the issue and for their personal advantage, which may even be fraudulent, assign aspirations upon the bench to unjustly interfere with the justice delivery system and videography of court proceedings can deter  such frivolous allegations against judges and, if broadcast, reduce crowding on court premises, whereby the space constraint of almost all the courts across the nation can be addressed very effectively. As the density of population increases, with increased number of litigation, the Government is finding it difficult to increase the infrastructure and the floor areas of buildings where the courts are located. The video recording and even broadcasting the same can be an effective remedy for such a constraint and limitation.
18.       The supreme court of Arizona has also allowed electronic recording of the proceedings.
19.       The Canadian courts have also adopted to the methods of video recording of its proceedings. It has issued a guideline namely, “Media Audio and Video Recordings in the Courtroom Guidelines”.   
20.       While a minor issue in the long-term, court reporter job loss may be an important early challenge to transitioning to court automation. Job loss is more likely to occur in countries that have a long established court personnel staff rather than in developing countries. Only when a country has had a highly functioning court system that is well staffed with many highly trained court reporters does loss of court reporter jobs become an issue. Where applicable, this issue should be addressed at the transition planning stage, and provisions should be made to apprise the court reporters and work alongside them to either integrate their skills into the new recording system or to find other Employment. In Kazakhstan, Bulgaria, Bosnia and Herzegovina, and in various states, transitioning from older court recording methods to high tech systems has yielded positive results. Some of the positive results include a) time saved, b) increase in transparency and accuracy, c) improved courtroom processes, d) increase trust in the judiciary, e) more efficient use of the appeals process, f) decreased running cost of present record maintenance system, g) increase the public confidence in the judiciary, h) will allow the law students, interns and first generation advocates to have better opportunity to understand the law and court practice, i) all those who are in legal fraternity will be aided to improve their skill levels.
21.       New court recording technologies create verbatim records of the trial. Some recording techniques create audio-visual recordings that are automatically streamed into a written record in real time, as the hearings unfold. Generally speaking, courts are no longer required to wait for judges to dictate summaries or a court reporter to finalize the written record. Though in some countries a written transcript is produced and sometimes still required for the case file, the verbatim record is easily and immediately accessible after the trial and copies can be requested, sent, filed, and searched in preparation of appeals.
22.       Audio-visual and other high tech court recording machines have led to greater transparency because they provide a highly accurate, complete record of court hearings. Moreover, the trial court record may also be more easily transcribed, which facilitates review by the appeals court judges and parties. Most often, the record produced by the recording machines is an unedited, verbatim record that can be reviewed in its original form, in full or in part, by both judges and parties upon request. Accurate records improve courtroom processes because all parties in a suit, as well as judges, know that their behavior is on the record.

23.       Audio-visual and real time recordings protect the judicial process by serving as a monitoring device to hold all parties accountable for the actual proceedings in court. By compiling and providing a complete and accurate picture of the judicial process and protocols, real time recordings educate citizens on their rights and duties and consequently improve both judge and party performances in the courtroom. Given that a real time recording can be reviewed in detail by the judge, parties are more likely to give clear and accurate statements. Judicial behavior is also monitored by real time recordings and these documents, and increases the clarity of any grounds for appeal. Consequently, it provides an added incentive to accurately use the relevant protocols and professionalism in rendering judgment and presenting cases. Lack of trained court reporters and cost and transcript production time no longer slow down the judicial process.
24.       High tech recording systems lead to more efficient use of time, an increase in transparency and accuracy, and improved courtroom processes. Together, these benefits raise the public’s trust in the judiciary system. For example, real time recordings permit the judiciary to offer improved services to the public by providing low cost recorded versions of hearings in a timely manner (after the initial investment, naturally). Moreover, these recordings are often more accurate than transcripts which differ in quality and precision. In sum, this enhanced “customer service” places the judiciary in a more positive, trustworthy light.
25.       When cases that have been recorded using the automated technology are appealed, the appeals process is more efficient as the appeals courts can easily access, and rely upon, a full accurate trial court record. As result of the cumulative effect of the positive results of the automated recording systems, the appeals process becomes more efficient. Ultimately, given the increase in transparency and accountability, fewer cases need to be appealed. According to the USAID report on the Kazakhstan project, nonrecorded cases are nearly three times more likely to be appealed than recorded cases.
26.       Transitioning from manual documentation to automated recording systems is an intensive process that requires effective change management strategies. Any successful change management strategy relies on a strong political and financial will power. This commitment must in turn be converted to careful planning and goal setting, as well as detailed implementation and training guides. Moreover, the efficacy of the measures should be monitored and evaluated throughout the transition process.
27.       In developing a transition plan from an old recording system to a more high tech one, the jurisdiction must consider the current scope of record making services, the needs, and the possibilities under the new record making system. The jurisdiction must then select between different court reporting systems depending on the scope of the services they wish to offer. Many different categories of court record making systems exist, including the old fashioned hand written court reports, audio or video cassette recording, pen-based stenographic reporting techniques, and verbatim technologies such as stenography and digital video and audio recording. Depending on the needs and the means, the jurisdiction can chose a more or less sophisticated and costly method. Some of the most cutting edge technologies include Computer-aided transcription (CAT) methods. CAT uses a computer steno machine equipped with magnetic storage that must be operated by a court stenographer. Real-time reporting instantly converts the words spoken in the courtroom into computerized text.
28.       Delineating the court reporting transition plan and setting up the goals necessitates skilled communication among many parties. Court “customers” include the public, legislators, parties before the court, attorneys and judges at both trial and appellate levels, clerks, court administrators, interpreters, and others. It is important to obtain input from all customers in order to better shape changes and improvements to the system. Gathering customer/ client satisfaction feedback is key in shaping a better record production system since customers, for example, parties before the court, request and use the record to build cases and move on through the appeals process. A good record can facilitate the appeals process, but a bad record can lead to a waste of time, frustration, and a general distrust of the judicial system.
29.       A transition plan to move towards cutting edge court recording methods is incomplete without a retention plan for skilled personnel, already familiar with the old court reporting system. Personnel who can write in real time are valuable the court for their captioning skills. Thus, jurisdictions should plan to invite court reporters who can write in real time, as well as other skilled network engineers, and computer programmers to join the new court recording system team before dispensing of their services. In Maryland, the jurisdiction offered to train the former court reporters to use the new recording system before  dismissing them from their position. Courts can provide better incentives for retaining skilled workers through improved compensation packages and better training methods to help court reporters convert to strong court recorder positions in an automated environment.
30.       After delineating a clear transition plan and concrete goals, jurisdictions must develop a detailed Operation Procedure Manual to guide and train the equipment operators, the judges and all involved in recording, storing and distributing the recorded hearings. Last but not least, any jurisdiction must monitor and evaluate the new system’s performance. A strong change management strategy should identify evaluation criteria and should implement testing and evaluation measures throughout the transition and on through the each phase of the new recording system’s implementation. Such testing will permit constructive feedback to all stakeholders and will facilitate any changes needed to improve the new system.
31.       Automated court recordings are increasingly employed on a global scale, including in developing and developed countries. The benefits of verbatim court records can be significant,  and over rides cost, infrastructure, and legal traditions as major factors to consider in determining whether automated court recording as an appropriate technology for a particular jurisdiction.
32.       If due to any reasons, it is not possible for the courts to record its proceedings officially, the petitioner alternatively is seeking a declaration that the parties to the litigations are entitled to non-intrusively cause video recording of judicial proceedings in those cases wherein they  themselves are parties. They  should be allowed to do so either by themselves or through an Advocate-on-record. The petitioner further prays that a Writ of Prohibition should be issued against respondents no. 2 i.e. the Registrar of this Court and Registrars of other courts within the jurisdiction of this Hon’ble Court, not to interfere with the right of the litigants to do non-intrusive video recording. It’s possible that they can use these recordings later in appellate proceedings to minimise the arguments and areas of conflicts and thus saving the precious time of the courts, which are already flooded by litigations.
33.       The High Court at Calcutta has also, though for once, allowed the recording of the proceeding with the permission of concerned counsels, in both CP No. 90 of 1983 and CP No. 33 of 1988. Justice Aniruddha Bose took this landmark decision on 15th July, 2015, which we need to push further to make our judiciary most trustworthy to the eyes of the citizens of this country.
34.       Further, many a times the pleadings are not recorded properly and sometimes with the core values are mutated in recording the same. The comments of the judges are not having any values until unless it is recorded, and there are greater dangers of misinterpreting such observations, as there are no proper records of the said proceedings. The commitments/ assurances given by the advocates/pleaders shall have a binding effect only if the same are properly recorded. In case of conflicts or difference of opinions, the said pleadings recorded will be of usefulness. Even the gestures of the bench or the counsel will serve a long lasting decisive impact upon the proceedings. The recordings will make sure that such gestures are part of proceedings. The clients will be assured that the advocates are presenting their cased diligently. There is no cause to deny the invasion of modern technology and cost is not prohibitive. Apart from the fear of both the bar and bench of recording and exposing their ignorance or imprudence, even though inadvertently, there is no other reason to oppose this prayer. Justice delivery system will be strengthened. The professionals will be made more accountable. There will be transparency in the judicial mechanism. Further it will be restoring the lost faith of the public at large in the judiciary by speeding up the process. And surely it will be a leading light to the world at large.
35.    The present scenario has emerged a situation by which many a conflicts are not brought to the doorsteps of courts at all, but settled through alternative mechanisms, whereby the authorities and even existence of judiciary becomes a matter of question. This is the result of loss of faith to the public in the justice delivery system.
36.       In view of what is stated hereinabove, it is submitted that this Hon'ble Court is invested with jurisdiction to entertain the instant Petition and to issue appropriate writs, order or direction, including declarations as prayed for. Hence, the instant Writ Petition under Article 226 and 227 of the Constitution on the following, amongst other, grounds:-

GROUNDS

Further Grounds in support of the reliefs sought for are fairly elaborated in the statement of facts above and hence are not repeated.  The Petitioner respectfully submits that paragraphs 3 to 35 hereinabove may be read and treated as the grounds in support of the instant Writ Petition.
37.       Petitioner craves leave of this Hon’ble Court to add to, alter, amend and/or modify any of the aforesaid grounds as and when required.
38.       The Petitioner states that requisite Court-fee of Rs. 250/-  as per Rules has been paid.
39.       The Petitioner states that there is no period of limitation for preferring this Petition and hence the same is within limitation.
40.       The Petitioner states that the Petitioner has no other efficacious alternative remedy than to prefer the instant Writ Petition.
41.       The Petitioner states that the cause of action has arisen in Delhi and hence this Hon’ble High Court has jurisdiction to entertain this Petition.  Further the principle reliefs sought for in the instant petition is in the nature of declaration, both positive and negative, in respect of which the concept of cause of action is even alien.   Therefore, this Hon'ble High Court is competent, nay, duty bound to embark upon the inquiry on the legal queations which are sought to be adjudicated at its hands and, in case the petitioner succeeds to prove its case, to grant the writs sought for.
42.       The instant Writ Petition is not barred by the doctrine of estoppel and Res judicata

               


THE PETITIONER, THEREFORE, PRAY THAT THIS Hon'ble Court BE GRACIOUSLY PLEASED TO:

(a)   declare that the right to know and the fairness and objectivity in judicial proceedings are well recognized to be an integral part of the right to life under Article 21 of the Constitution of India, so too, the concept of transparency, which is the quintessence of the equality clause of Article 14, may even of Article 19 of the Constitution, video recording of the  proceedings of this Hon’ble Court and of all Courts and Tribunals subordinate to it, may as a principle of law, all Courts and Tribunals in this Country including the Supreme Court be essential, and to grand such consequential and executory remedies, prayed for separately infra;
(b)   Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents herein to take adequate steps and measures to introduce the system of video recording the proceedings of the Hon’blr Supreme Court of India, Hon’ble High Court of Delhi and all the subordinate courts  and tribunals within India as an authentic record of the proceedings, allow the copies of the said records to be issued to the public on demand paying of the costs, allow the court proceedings to be telecasted by the media, and also allow the same proceedings to be uploaded to the internet; and if the said prayer is not admissible and maintainable for whatever reason as this  Hon’ble Court may find proper,

in the alternative without prejudice to the above, to  allow the litigants to litigation to video and audio recording the court proceedings in which they are parties at their own cost and effort and issue directions to the respondents not to interfere in any way to such non intrusive efforts, declaring that there is no illegality or misdemeanor  in such recording;
(c)   pass any such further and other orders as the nature and circumstances of the case may warrant.


(R.P.Luthra)     
 Advocate for the Petitioner                                         Petitioner





V E R I F I C A T I ON

                I, Anjan Sinha, Aged about 39 yrs, the Petitioner above named Adult, Indian, residing at L-30/D, Saket, New Delhi - 110017, do hereby solemnly declare that what is stated in paragraphs 1 to ___ of the foregoing Petition are true to my own knowledge and what is stated in paragraphs ___ to ___  are stated on information and belief and I believe the same to be true.

Solemnly declared at Delhi                 ]
this ____thday of September, 2015.     ]               Deponent
Advocate for the Petitioner


(R.P.Luthra)     
 Advocates for the Petitioner











IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL AND SUPERVISORY JURISDICTION
WRIT PETITION (CIVIL) NO.           OF 2015

Anjan Sinha                                       …      Petitioner         
        Versus                                   
Union of India  & Ors.                         …      Respondents
       

A F F I D A V I T

I, Anjan Sinha, Aged about 39 yrs, the Petitioner above named Adult, Indian, r/o L-30/D, New Delhi – 110017, do hereby solemnly affirm and state as under:-
1.     I am the Petitioner in the above Writ Petiton. I know the facts of the case and are competent swear this affidavit. 
       
        2.     That the above Writ Petition filed under Articles 226 of the Constitution of India. I am fully acquainted with the facts and circumstances of the case and hence, am competent to swear this Affidavit.
        3.     That, the accompanying Writ Petition has been drafted by my Counsel on my instructions. I have read and understood the contents of the same which are true and correct to my knowledge and belief.  No fact of it is false and nothing material has been concealed therefrom.
        4.     That, the Exhibits to the Writ Petition are true and correct copies of their respective originals.
Solemnly affirmed at Delhi                                  ]
on this ___ day of September, 2015                    ]    

                                                                          Petitioner

(R.P.Luthra)     
Advocates for the Petitioner