Tuesday, March 28
High Court of Jammu and Kashmir and Ladakh

HC Ladakh, J&K frames rules for live streaming, recording of Court proceedings


Leh: To imbue greater transparency, and inclusive, and foster access to justice, the High Court of Jammu and Kashmir and Ladakh framed rules for Live Streaming and Recording of Court proceedings.

These rules have been framed by the High Court of Jammu & Kashmir and Ladakh in the exercise of powers under Article 225 and Article 227 of the Constitution of India and all other powers enabling on this behalf.

The rules will apply to the High Court of Jammu & Kashmir and Ladakh and to the courts and tribunals over which it has supervisory jurisdiction. A notification in this regard has been issued by the High Court of Jammu & Kashmir and Ladakh.

According to the notification cameras will be installed in the courtroom covering at least five angles, a remote-control device will be provided to the presiding judge on the bench to pause or stop the live streaming at any time.

Further, a Dedicated Control Room (DCR) shall be set up for every Court Complex and the coverage of Proceedings will be coordinated by the technical experts under the direct supervision of the Registrar (IT) or her/his nominee.
Subject to the exclusions contained within these rules, all proceedings will be live-streamed by the court.

Matrimonial matters, child adoption and child custody including transfer petitions arising there will be excluded from live streaming.

Further cases concerning sexual offences, including proceedings instituted under Section 376, Indian Penal Code, 1860 (IPC), concerning gender-based violence against women, Matters registered under or involving the Protection of Children from Sexual Offences Act, 2012 (POCSO) and under the Juvenile Justice (Care and Protection of Children) Act, 2015) have been exempted.

Matters registered under or involving the Medical Termination of Pregnancy Act, 1971, In-camera proceedings as defined under Section 327 of the Code of Criminal Procedure, 1973 (CrPC) or Section 153 B of the Code of Civil Procedure, 1908 (CPC), Matters where the bench is of the view, for reasons to be recorded in writing that publication would be antithetical to the administration of justice and other have also been exempted.

In cases where the proceedings are not live streamed, the recording shall be maintained for usage by the Court and the appellate court(s), subject to access to the recording of the testimony of witnesses will not be given until such time that the evidence is recorded in its entirety and others, the notification reads.

No person/entity (including social media platforms) person/entity shall record, print and electronic media, and other than an authorised share and/or disseminate live-streamed proceedings or archival data, it reads.

The High Court may, if satisfied that the operation of any rule is causing undue hardship, by order, dispense with or relax the requirements of that Rule to such extent and subject to such conditions as may be stipulated to deal with the case in a just and equitable manner, the notification further said.

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