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The rationale for live streaming the court process is based on implementing an open and transparent court system.
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In a landmark development for the district judiciary, the proceedings of the Gujarat district courts will be live streamed. As per a notification issued by the Registrar General of the Gujarat High Court, a pilot implementation of the live-streaming is likely to be launched soon.
"As directed, pilot implementation of live streaming shall be regulated as indicated in these Guidelines SOP. As further directed, this is to request your goodself to be prepared for pilot implementation of live streaming, as it is expected to be launched anytime soon," states the notification by Registrar General RK Desai.
The live streaming of the Gujarat District Courts will exclude the following kinds of cases as per the notification:
i. Matrimonial matters, child adoption and child custody including transfer petitions arising thereunder.
ii. Cases concerning sexual offences, including proceedings instituted under Section 376, Indian Penal Code, 1860 (IPC).
iii. Cases concerning gender-based violence against women.
iv. 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.
v. Matters registered under or involving the Medical Termination of Pregnancy Act, 1971.
vi. 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).
vii. 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.
viii. Cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to result in a breach of law and order.
ix. Recording of evidence, including cross-examination.
x. Privileged communications between the parties and their advocates; cases where a claim of privilege is accepted by the
Court; and non-public discussions between advocates.
xi. Any other matter in which a specific direction is issued by the Bench or the Chief Justice.
The rationale for live streaming the court process is based on implementing an open and transparent court system. However, the notification places the discretion to live stream the proceedings with the Bench.