Unauthorized recordings of court proceedings, considering the technological advancements and information rights, while upholding the principles of judicial integrity and the sanctity of court processes under the Contempt of Courts Act.
- Contempt of Courts Act and Unauthorized Recording (Part i):
- Whether unauthorized recording of court proceedings constitutes criminal contempt especially in the context of the Right to Information, technological advancements, and the principle of open courts in India.
- The punjab and haryana High Court, under its “Video Conferencing Rules” and the Punjab High Court Rules and Orders (Part-H of Chapter-I Volume V), specifically disallows unauthorized recording as per sub Rule VI Rule 3 under Chapter II General Principles.
- The potential misuse of such recordings, especially in the era of active social media, where unauthorized editing and uploading could lead to scandalization.
- Such actions could undermine the integrity of the judicial process and distort public perception.
- Implications of Unauthorized Recordings and Rights under RTI (Part ii):
- The court acknowledged the various rights under the Right to Information Act, including access to information through web portals and mobile applications.
- However, it emphasized that unauthorized recordings without court consent fall within the scope of “criminal contempt” as defined under Section 2(c) of the Contempt of Courts Act, 1971.
- The decision reflected a balance between the right to information and the need to protect the sanctity of court proceedings. The court pointed out that even the Model Rules for Live Streaming and Recording of Court Proceedings impose restrictions on recording, highlighting the importance of obtaining specific permission from the court.
(2023-4)212 PLR 163
