VidhiSangh

Supreme Court of India · 26/09/2018

SWAPNIL TRIPATHI versus SUPREME COURT OF INDIA

[2018] 11 S.C.R. 57 · 2018 INSC 886

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court allowed the petitions seeking live streaming of court proceedings, recognising virtual access as an extension of open justice and the public’s right to information. It approved progressive implementation, beginning with a limited pilot involving constitutional and national-importance cases, subject to formal rules and judicial control. Fair trial, privacy, confidentiality and sensitive proceedings required safeguards. The separate opinion proposed model guidelines while expressly preserving the Court’s rule-making authority. The judgment did not order immediate unrestricted broadcasting of every court case.

Issues

  1. Whether live streaming would advance open justice, access to justice and public access to information.
  2. What implementation process and safeguards were required.
  3. How party objections, sensitive proceedings and judicial discretion should be accommodated.
  4. What status attached to the implementation suggestions and model guidelines.

Provisions considered

Held

Result

Writ petitions and intervention applications allowed with observations approving phased live streaming, subject to formal rules, safeguards and court control. Expeditious rule-making and first-phase implementation contemplated.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 57.