By TIOL News Service

NEW DELHI, AUG 27, 2017: IN an interesting order in the continuing PIL hearing on the issue of installing CCTV cameras in the premises of lower courts, the Apex Court has directed the Union of India to install CCTV Cameras in all Tribunals such as ITAT and CESTAT as they stand on equal footing with other courts.

While accepting the virtue of CCTV cameras as an instrument to promote greater transparency in the dispensation of justice, the Apex Court also accepted the suggestions of some of the High Courts which favoured not only cameras but also audio recording which would enhance the accountability of the judicial officers in the court premises.

However, the camera footage and the audio tapes will not be accessible to all unless the High Court concerned decides to allow access for a specific purpose. In place of its earlier direction to install CCTV cameras in two districts in every State or UT, the Apex Court has now directed that all subordinate courts must have such infrastructure across the country within 30 days and reports are to be submitted within two months. The Bench also directed the Central Govt to fix uniform technical specifications for CCTV equipments so that the qualify does not suffer.

While giving order the Bench noted that,

++ after considering the submissions and perusing the studies which have been brought to our notice that installation of CCTV Cameras will be in the interest of justice. Any apprehension to the contrary needs to be repelled. We have already incorporated safeguards of footage of recording not being given for any purpose other than the purpose for which the High Court considers it appropriate. We have also directed that the R.T.I provisions will not apply to CCTV camera recordings in our Order dated 28.03.2017;

++ we asked Additional Solicitor General as to why the UOI has not so far installed CCTV cameras in Tribunals where open hearing takes place like Court such as ITAT, CESTAT etc. as the tribunals stand on the same footing as far as object of CCTV camera are concerned. He is unable to dispute the utility and requirement of doing so and we see no reason why this should not be done. Recordings will help the constitutional authorities and the High Courts exercising jurisdiction under Articles 226 and 227 of the Constitution over such Tribunals. We, therefore, direct that this aspect may now be taken up by Additional Solicitor General with the concerned authorities so that an appropriate direction is issued by the concerned authority for installation of CCTV cameras in Tribunals in same manner as in Courts and an affidavit filed in this Court.

(See 2017-TIOL-305-SC-MISC)