The Supreme Court is traditionally a place characterized by its pin-drop silence and a serious atmosphere where legal arguments and judicial orders punctuate the stillness. However, an unusual scene unfolded on Monday afternoon, June 10, in the main chamber of the Appellate Division of the Supreme Court, known as Chief Justice Ejalas. Judges, lawyers, and media personnel gathered for a significant event: the unveiling of the newly renovated and modernized courtroom.
Before resuming regular proceedings, a special session was held, creating an atmosphere of palpable excitement within the legal community. This one-hour session, conducted outside the usual bounds of Supreme Court operations, provided media personnel with rare access to cameras. Lawyers eagerly documented the moment with their mobile phones, capturing the historic event. This departure from the court’s usual solemnity highlighted a blend of tradition and modernity, offering a glimpse into a potential shift in how the judiciary interacts with the public.
Cameras in Courts: A Look Back at Their Introduction and Impact
Technology has profoundly enhanced transparency and accessibility within the justice system, reflecting the essential democratic values of openness and accountability. As we navigate an increasingly digital era, governments and institutions globally are adopting digital solutions to reinforce these principles. One of the most notable advancements in this context is the live streaming of Supreme Court proceedings, which represents a significant leap toward greater transparency and public engagement in the judicial process.
The late 20th century marked a significant shift with the introduction of cameras in courtrooms. This development greatly improved the documentation and visibility of legal proceedings. A landmark event in this evolution was the 1979 trial of serial killer Ted Bundy in Florida, often cited as one of the earliest instances where cameras were allowed to capture courtroom proceedings. The decision to permit cameras in the Bundy trial ignited an ongoing debate about their impact on the judicial process. Critics argue that the presence of cameras may influence the behavior of witnesses, jurors, and legal professionals, potentially altering the dynamics of the trial.
In the United States, the use of cameras in federal courts became more structured and consistent in the 1990s. The Judicial Conference of the United States established guidelines in 1996, permitting limited camera coverage of federal court proceedings.
A South Asian Example: Might be a Precedent for Bangladesh
The push for legal transparency gained significant momentum in the subcontinent when India’s Supreme Court began live streaming all constitutional bench hearings on September 27, 2022. This monumental step is rooted in a landmark judgment delivered by the Supreme Court in late 2018. The judgment affirmed that live telecasts of court proceedings are an integral facet of the fundamental right to access justice, as enshrined in Article 21 of the Indian Constitution. Article 21, which safeguards individuals’ life and personal liberty, asserts that “No person shall be deprived of their life or personal liberty except according to the procedure established by law.” The decision to live-stream court proceedings reflects a commitment to democratizing access to justice, enabling citizens to witness the judicial process firsthand and ensuring that the justice system remains accountable to the people it serves.
While the Indian Supreme Court takes this pioneering step toward transparency, several High Courts across India, including those in Gujarat, Orissa, Karnataka, Jharkhand, Patna, and Madhya Pradesh, have already been live-streaming their proceedings via their respective YouTube channels since as early as 2020. By doing so, India joins the ranks of countries such as the UK, South Africa, Canada, Australia, New Zealand, Brazil, Germany, and China, where the live streaming of court cases is permitted and actively encouraged to promote transparency and accountability within the legal system. The significance of this development in promoting a thriving democracy extends beyond India’s borders, resonating with nations worldwide that recognize the paramount importance of transparency, openness, and access to justice. These strides toward digital justice align with the global trend toward more open and accountable governance, reinforcing the principles of democracy and the rule of law.
A Critical Look and Legal Analysis: Possibility in Bangladesh Perspective
Bangladesh stands at a pivotal moment with the opportunity to enhance its democracy, promote transparency, and ensure justice accessibility by adopting live-streaming of Supreme Court cases. This step could significantly strengthen the nation’s democratic foundations by making the judicial process more transparent and accessible to all citizens. The right to be informed about government institutions is fundamental. Article 39 of the Constitution of Bangladesh guarantees freedom of thought, conscience, and speech, which inherently includes the right to access information. Although not explicitly mentioned in the Constitution, this right is reinforced in the Preamble of the Right to Information Act 2009, affirming it as a crucial aspect of freedom of expression. Judges, when delivering judgments, act as public functionaries whose decisions impact the rights of the populace. Therefore, recording their pronouncements aligns with the principles of an open and transparent judicial system. While there should be no barriers to broadcasting the judicial process, certain sensitive cases—such as those involving matrimonial disputes, child custody, sexual offenses, gender violence, and child abuse—should be exempt from live-streaming to protect the privacy of the involved parties.
Globally, numerous apex courts have set precedents by recording, televising, or webcasting their proceedings, thereby enhancing public confidence and respect for the judiciary. In Bangladesh, however, recording and publishing court proceedings currently constitute contempt of court under the Supreme Court of Bangladesh (High Court Division) Rules of 1973. Article 108 of the Constitution mandates that the Supreme Court be a court of record, ensuring the perpetual preservation of court records. Since the promulgation of the “Adalat Kartrik Tottho-Projukti Byabohar” Ordinance and subsequent Act in 2020, virtual court proceedings of both divisions of the Supreme Court have been recorded for preservation. However, this practice has not yet been extended to physical court proceedings.
Moving Forward: A Measured Approach is Key
Live streaming Supreme Court cases offers Bangladesh an opportunity to embrace digital justice and strengthen its democracy. However, a measured and cautious approach is crucial. By aligning its legal practices with evolving global standards of openness and transparency, Bangladesh can significantly advance its democratic ideals and enhance its justice system. The adoption of digital justice, exemplified by live-streaming Supreme Court cases, represents a progressive step toward a more robust and vibrant democracy.
The success of live streaming will ultimately depend on its long-term impact. Potential benefits include increased public trust, enhanced judicial accountability, and improved legal education. However, these goals cannot be realized overnight. A well-defined pilot program with clear objectives and rigorous evaluation mechanisms is essential for assessing the initiative’s effectiveness and identifying areas for improvement before broader implementation.
Sources
[1] Sk. Iftesham Islam is a Bangladeshi Lawyer & Legal Researcher. He obtained an LL.M (International Law) from South Asian University, New Delhi (A University Established by SAARC Nations) with the SAARC Silver Jubilee Scholarship in 2022.
