The Jammu and Kashmir and Ladakh High Court on Monday notified the “Live Streaming and Recording of Court Proceedings Rules of the High Court of Jammu and Kashmir and Ladakh, 2023.”
The Rules will establish the infrastructure and framework for live streaming and recording of proceedings in order to increase transparency, inclusivity, and access to justice.
The notification specifies the mechanisms for relaying the proceedings, stating that, subject to any limitations, the live stream will begin as soon as the bench assembles and instructs the court staff to begin the proceedings and will end when the bench signals its conclusion for the day. The notification states that there will be a ten-minute delay in streaming, which may be changed as per the Court’s direction.
Detailing the intricacies further, the notification states that if the judge concerned on the bench wishes to opt out of live streaming while dictating the order/oral judgement, live streaming will be paused during that time. The monitors will display the message “Order dictation in progress” in such cases. Similarly, when the bench rises for recess or otherwise, the live streaming is paused, and the monitor displays the message “Court not in-session,” the notification reads.
The rules also prohibit live streaming of proceedings of matters related to matrimonial cases, sexual offence cases, gender-based violence cases, POCSO cases, etc.
The rules also include provisions for any party to raise objections to such live streaming at the time of institution of the case or at any later stage, and the final decision on whether to allow live streaming of the proceedings or any portion thereof will be made by the bench. However, the bench’s decision will be guided by the principle of an open and transparent judicial process, the notification adds.
