Monday 28 September 2015

How feasible is the idea of live recording of court proceedings

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[ LIVE MINT] 26 September 2015

http://www.livemint.com/Opinion/f2eFxi1Z0SmWsD6o42qq9O/How-

feasible-is-the-idea-of-live-recording-court-proceedings.html

How feasible is the idea of live recording of court

proceedings

This is a question being widely debated after the Calcutta high court

allowed it

Shreeja Sen

The Calcutta high court court order was forward thinking in many

ways. But it comes with a disclaimer that video recording would not

be part of the official record of the case, as there are no court rules

to that effect. Photo: Indranil Bhoumik/Mint

NEW DELHI: Will video or audio recording of court proceedings bring

greater transparency in judicial process? This is a question being

widely debated after the Calcutta high court allowed it.

On 19 July, The Indian Express reported that the “Calcutta high

court, in a first, has recorded court room proceedings, setting a

precedent in the country where even the top court has been

reluctant to permit cameras and microphones inside court halls”.

The court order was forward thinking in many ways. But it comes

with a disclaimer that video recording would not be part of the

official record of the case, as there are no court rules to that effect.

The judge had categorically said that since the concerned parties in

the case agreed to video recording, the same was allowed.

“In terms of precedent, it holds no value. The court is quite

categorical as it says the recording will not be part of official

records,” said Rahul Singh, assistant professor at the Bengaluru-

based National Law School of India University.

So what is stopping courts from adopting such methods? A major

factor is cost, said Alok Prasanna of Vidhi Centre for Legal Policy, a

New Delhi-based think tank. “If I had to pick one factor, I think it is

simply cost. Proper video recording, professional transcription,

storage, broadcast et al are fairly expensive and may not be most

cost effective use of resources even for a high court,” he said.

Singh of NLSIU also pointed to the flip side of such a move. “There

might be a lot of playing to the galleries. Audio recording is allowed

in the US. But they have a limited time to make their arguments.

The problem in India is that a lot of stuff happens in court. Quality

of arguments isn’t very good. In fact, more than judges, lawyers are

uncomfortable with arguments being recorded,” he said.

Shreeja Sen

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