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Live streaming of court proceedings allowed by Supreme Court in landmark verdict

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Supreme Court

India today made a beginning towards joining the list of countries to have live video streaming of court proceedings.

The Supreme Court on Wednesday, September 26, allowed live streaming of court proceedings in cases of constitutional importance and public interest that are heard in the court of the Chief Justice of India.

A three-judge bench headed by Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud said that the public had a right to know what happens inside the courtroom. Holding that this would promote transparency in the judiciary, the top court said, “Sunlight is the best disinfectant.”

The apex court ruled that such an exercise will enhance transparency and allow common citizens and litigants who cannot be present in the courtroom to know, in real time, the exact developments that have taken place in cases of public interest.

Welcoming the court’s decision, senior advocate Indira Jaising, a petitioner in the case, called it ‘the biggest reform of the century’.

The SC bench said, “Rules have to be followed for this. Live streaming of court proceedings will bring accountability in the judicial system.”

Earlier in July, while hearing a bunch of petitions, Chief Justice Deepak Misra had said, “The concept of access to justice can be stretched through live streaming. Litigants are entitled to know how their cases are dealt with. Litigants will also know how his or her lawyer is presenting the case.”

The Chief Justice however, had a word of caution for sensitive rape trials or matrimonial cases. The court had also said live streaming of proceedings “will help students to learn.”

The verdict was passed on a batch of petitions, including those filed by senior advocate Indira Jaising, law student Swapnil Tripathi and NGO ‘Centre For Accountability and Systemic Change’ on the issue.

Jaising had sought live streaming of cases of national and constitutional importance that are heard in the court of the Chief Justice of India or by a Constitution Bench. She said citizens have the right to information and matters of constitutional and national importance can be live streamed. In western countries, she said, this system was in place and live streaming of court proceedings, including that of the International Court of Justice, are available on YouTube.

Tripathi on the other hand had challenged the bar imposed on law interns entering court rooms on miscellaneous days.

The government had backed the live streaming of trials and said it can be extended to other courts depending on the success of the pilot project.

The Centre has also suggested setting up of a media room where litigants, law interns, lawyers and other visitors can watch the live feed, saying that would help reduce the congestion in the courtroom and corridors. The affidavit also wants special measures to be put in place for differently-abled.

However, the Centre cautioned that the exercise must not be permitted in matrimonial cases, matters involving interests of juveniles or protection and safety of the private life of young offenders and cases involving national security.

Attorney General K K Venugopal said that in some situation, it will have to be disallowed to ensure privacy and security of victims, witnesses or defendants and also in rape cases and in matters where it may provoke communal sentiments.

The bench had asked Attorney General KK Venugopal to assist the court in deciding on the petitions. It had also directed Tripathi to submit suggestions to the Attorney General regarding creation of a live-streaming room in the apex court premises exclusively for law interns and law students.

On Wednesday, the bench gave two concurring verdicts, written by Justices Khanwilkar and Chandrachud respectively which allowed live streaming of the proceedings as demanded by the petitioners and directed the centre to frame necessary rules for the purpose.

It may be recalled that during the proceedings in the case, Attorney General KK Venugopal had informed the court that the Centre was in favour of live streaming of case proceedings except in cases related to rape, matrimonial disputes and those that concern sensitive issues that could adversely impact the parties in a case. Venugopal had also submitted a set of guidelines for implementing the pilot project in the Chief Justice’s Court for Constitutional cases.

During the course of the hearing, the Bench had agreed with the petitioners, stating at one point that live streaming “was the need of the hour” not only for decongesting the courtrooms, but also to fully implement the idea of an “open court”.

The issue of misreporting of court proceedings by the media had also been highlighted by the bench, particularly by Justice Chandrachud, who on Wednesday said in his concurring verdict that “sunlight is the best disinfectant” and live-streaming would help in ensuring transparency.

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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