open trials and access to the public during hearing of cases is the norm

Supreme Court of India

Swapnil Tripathi vs Supreme Court Of India on 26 September, 2018

Author: A Khanwilkar

6. Indisputably, open trials and access to the public during hearing of cases before the Court is an

accepted proposition.

As regards the pronouncement of judgments by the Supreme Court, there is an express stipulation

in Article 145(4) of the Constitution that such pronouncements shall be made in open Court. Indeed,

no such express provision is found in the Constitution regarding “open Court hearing” before the

Supreme Court, but that can be traced to provisions such as Section 327 of the Code of Criminal

Procedure, 1973 (CrPC) and Section 153-B of the Code of Civil Procedure, 1908 (CPC) 

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7. Notably, in Naresh Shridhar Mirajkar (supra), this Court, in no uncertain terms, expounded that open trial is the norm but, at the same time, cautioned that there may be situations where the administration of justice itself may make it necessary for the Courts to hold in-camera trials.Applying the underlying principles, it may be appropriate to have a proper and balanced regulatory framework before the concept of live streaming of Court proceedings of this Court or any other courts in India is put into action.

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