Whereas to imbue greater transparency,
inclusivity and foster access to justice, it is expedient to set up
infrastructure and the framework to enable live-streaming and recording of
Proceedings. These Rules are framed by the High Court of Madhya Pradesh in the
exercise of powers under Article 225 or relevant statute where applicable, and
Article 227 of the Constitution of India. These Rules will apply to the High Court of
Madhya Pradesh and to the courts, tribunals and authorities under the
supervisory control of the High Court. (a)
These
Rules shall be called "Madhya Pradesh Live-Streaming Rules for Court
Proceedings, 2021". (b)
These
Rules shall come into force from the date notified by the High Court of Madhya
Pradesh in the official gazette. (a)
Archival
Data: means audio and visual data recorded during the conduct of the
proceedings and retained by the Court under these rules. (b)
Centralized
Command and Control Centre (CCCC): means a place/room at High Court of
M.P., Jabalpur in order to enable the system for live streaming as well as
archiving of courtroom proceedings, the audio-visual recording of the High
Court and District Courts of the State of Madhya Pradesh, recording of all the
cameras at optimized/reduced parameters; and such place/room shall also have
archiving servers and cold storage for archived courtroom recordings. (c)
Chief
Justice: means the Chief Justice of the High Court of Judicature for Madhya
Pradesh, including the Acting Chief Justice. (d)
Communication
Device: means a hardware device capable of transmitting analog or digital
signal over the telephone and other communication devices, whether wired or
wireless. (e)
Court:
means the High Court of Judicature for Madhya Pradesh, District Courts,
Tribunals and Authorities under the supervisory control of the High Court in
the State. (f)
Court
Master/Reader: means the court staff that assists the Court in the conduct of
proceedings, including updating of the cause lists published on the display
board. (g)
Designated
Officer: means Registrar (IT) or Senior Principal System Analyst (System
Administration) or any other officer authorized by the Chief Justice to perform
duties under these rules. (h)
District
Command and Control Centre (DCCC): means a place/room at each District Head
Quarter in order to monitor live streaming and keep audio-visual recording of
respective District Court and its Tehsil Courts. (i)
In-Charge
Command Centre: means the person/persons authorized by the Chief Justice or his
designate for supervision of CCCC and DCCC. (j)
Live-stream/Live-streamed/Live-streaming:
means and includes a live television link, webcast, audio-video transmissions
via electronic means or other arrangements through High Court channel/website
facilitating to view the proceedings as permitted under these Rules. (k)
Recording:
means audio and video data of proceedings stored in electronic format as per
these rules. (l)
Recording
Device: means any tool or instrument which is used for recording images or
videos or sound or call. (m)
Remote
Location: means and includes a geographical location other than the Court
premises. These Rules shall apply to the Court
proceedings whether those are in physical mode, virtual mode or in hybrid mode
and shall also apply to the Lok Adalat proceedings and activities of farewells
and Full Court References of the High Court with such modifications, as may be
necessary to give effect them as per these Rules. For example.- the word
"Judge" used in these Rules may be read as "Chairman" in
the context of Lok Adalat. The Chief Justice may specify from time to time
other activities or proceedings, to which these Rules shall be applicable. (a)
Cameras
shall be installed in the courtroom covering at least two angles; one towards
the Judge/Presiding Officer and second towards the advocates engaged in the
concerned matter and shall not film the media and visitor's galleries. (b)
Advocates,
witnesses, accused or any other person, permitted by the Judge/Presiding
Officer, shall use appropriate microphones while addressing the Court. (c)
Where
proceedings are conducted through weblinks, including video conferencing
services, appropriate software and hardware shall be employed, if necessary, to
generate an integrated feed for Live-Streaming. (a)
A
Centralized Command and Control Center (CCCC) shall be set up at Principal
Seat, Jabalpur and a District Command and Control Centre (DCCC) shall be set up
at every district headquarter. (b)
All
the Command and Control Centers shall be run by In-Charge Command Center or by
an officer of the Court, who shall be authorized in this behalf by the Chief
Justice in case of the High Court and by the Senior most Officer in case of the
District Court or the Tribunal or the Authority, and technical and
video-recording experts. Such Command and Control Center shall monitor and
track proceedings as they are Live-streamed and recorded. (c)
The
coverage of proceedings shall be coordinated by the technical experts under the
direct supervision of the designated officer. (d)
The
designated officer shall be subject to the directions of the Chief Justice for
the overall implementation of Live-streaming and recording of proceedings. In addition to the Court Master and court
staff attached to the Court, technical expert(s) shall be appointed/deputed in
each of the Court premises to enable the Live-streaming of proceedings. (a)
Subject
to the exclusions contained within these Rules, all proceedings shall be
Live-streamed by the Court. (b)
The
following shall be excluded from Live-streaming: (i)
In-camera
proceedings as defined under Section 327 of the Code of Criminal Procedure,
1973 (Cr.P.C.) or Section 153B of the Code of Civil Procedure, 1908 (C.P.C.). (ii)
Matters
concerning sexual offences. (iii)
Matters
where Children and Juveniles are involved like POCSO cases etc. (iv)
Matters
concerning gender-based violence against women. (v)
Matrimonial
matters, matters of adoption and custody of child, including transfer petitions
arising there under. (vi)
Matters
relating to business confidentiality in commercial disputes. (vii)
Matters
involving sensitive issues. (viii)
Matters
of national security. (ix)
Recording
of evidence. (x)
Matters
relating to the Official Secrets Act, 1923. (xi)
Matters
relating to the Medical Termination of Pregnancy Act, 1971. (xii)
Matters
under Mental Health Act, 2017. (xiii)
Privileged
communications between the parties and their advocates and non-public
discussions between advocates. (xiv)
Matters
where the Judge is of the view that publication would be antithetical to the
administration of justice or which may provoke enmity amongst communities
likely to result in a breach of law and order. (xv)
Cases
where a claim of privilege is accepted by the Court. (xvi)
Any
other matter or category of matters, for which a specific direction is issued
by the Judge. (c)
Live-Streaming
in certain cases may be restricted to final arguments. (a)
Objections,
if any, to Live-Streaming may be raised at the time of institution of the case
or any later stage by filing an application along with all appropriate details. (b)
The
final decision as to whether or not to allow the Live-Streaming of the
proceedings or any portion thereof shall be of the Judge. (a)
The
following need not be Live-Streamed or saved in the Archival Data:- (i)
Discussions
between/amongst the judges. (ii)
Any
document or instruction given by the Judge to any member of the staff during
the proceedings. (iii)
Communication
between advocate and client, inter-se advocates and communications which is not
a submission exchanged between advocate and the Court. (b)
At
the time of dictating the order/judgment or rising of the judge for recess or
otherwise, Live-Streaming shall be paused and in such circumstances, the
monitor shall display the appropriate message. (a)
The
recordings shall be archived and may be uploaded, wholly or in part, on the
Courts' website or made available on other digital platforms, as directed by
the Judge. The Chief Justice may issue practice directions in this regard and
also for the cases, and the period for which archived data shall be preserved. (b)
There
may be a delay of ten minutes in Live Streaming subject to the direction of the
Judge and shall end when the Judge signals its conclusion for the day. (a)
Disclaimers
(i)
The
daily cause list published on the website of the Court shall contain requisite
information and disclaimer regarding Live-Streaming.- (ii)
The
Archival Data shall not constitute the official record of the Court proceedings
unless otherwise directed by the Judge. (b)
Restrictions
and Limitations - (i)
No
person other than the person authorized as per Rule 5 of these Rules shall
record, share, reproduce, transmit, upload, post, publish, edit, use, capture
Live-Streamed proceedings or Archival Data or recordings in any form. (ii)
The
use of authorized recordings in their original form may be permitted by the
Court, inter-alia to disseminate news and for training, academic and
educational purposes. Authorized recordings handed over for the aforesaid purposes
shall not be further edited or processed. Such recordings shall not be used for
commercial, promotional purposes or advertising in any form. (iii)
No
person other than the person authorized as per Rule 5 of these Rules shall use
a Recording Device for recording or for transcribing the proceedings. (iv)
Live
Streaming of the proceedings shall not be claimed by any person as a matter of
right. (v)
The
High Court or its officials shall not be responsible for any delay, breakdown
or disruption during the Live Streaming or its quality on the part of the Live
Streaming Platform/Portal due to reasons attributable to technology or to any
such other factor beyond the control of the Court. (vi)
The
High Court shall have copyright over Live Streamed feed and videos, including
the feed and videos retained in the Live Streaming platform after Live
Streaming is over, prohibiting any unauthorized copying of the Live
feed/videos. (vii)
The
Live Streamed feed/videos of the proceedings are not to be considered as part
of the case of court record for the purpose of reliance in any proceedings of
any nature and shall not be considered admissible as such, in any Court
proceedings before any Court of law. (viii)
Requests
for copy of any Live Streamed feed/videos shall not be entertained for any
purpose whatsoever. (ix)
Anyone
participating in the proceedings, whether in person or through video
conferencing, shall have to maintain utmost discipline and decorum in
consonance with the dignity and majesty of the Court. Any participant found to
be misusing the access to the Court for undue publicity through Live Streaming
facility, may be muted or removed from Live Stream session; or may be asked to
leave the Court if participating in person. In such a situation, if required,
the Judge may direct to stop the Live Streaming of the proceedings. (x)
In
case of stopping the Live Streaming for any of the foregoing
reasons/circumstances, the Live Streaming, when resumed, may have a fresh link,
which would be notified through the High Court website and/or the Live
Streaming Platform/Portal/Channel. (xi)
Violation
of any rule mentioned in Rule 10 (b) shall entail proceedings under the penal
laws. The Chief Justice may, if satisfied that the
operation of any Rule is causing undue hardship, by order, dispense with or
relax the requirement of that Rule to such extent and subject to such
conditions, as may be stipulated to deal with the case or category of cases in
a just and equitable manner. Words and expressions used and not defined in
these Rules shall have the same meaning as assigned to them by the law for the
time being in force, including the Information Technology Act 2000, CPC, the
Cr.P.C., Indian Evidence Act, 1872, and the General Clauses Act, 1897. Matters, concerning which no express
provision is made in these Rules, shall be decided by the Judge concerned with
the principle of furthering the interest of justice.MADHYA
PRADESH LIVE-STREAMING RULES FOR COURT PROCEEDINGS, 2021
PREAMBLE