Open Courts and Trial in Camera
“The principle underlying the insistence on hearing causes in open court is to protect and assist fair, impartial and objective administration of justice; but if the requirement of justice itself…
Can a writ of Certiorari be issued to High Court by Supreme Court?
Certiorari is a writ, and it is issued to an inferior court. The origin of this writ is from England. The inferior court conceived in English law in this context…
Why Open Courts are Necessary? – Jurisprudential Aspects
India has inherited the English tradition of holding trials in public. It has always been the glory of the English system as opposed to the Continental that all trials are…
Does Trial under Camera Violate Article 19?
The question was considered in the case of “Naresh Shridhar Mirjakar v. State of Maharashtra (1966)’. While considering the question, the Court analysed the question as follows- It is a…
Can a court give protection to witness against publishing his evidence in press?
The question came before the court in the case of ‘Naresh Shridhar Mirjakar v. State of Maharashtra (1966). Facts of the Case Facts of the case, are that, The learned…
Torture in Police Custody and the Importance of Human Dignity
Albert Schweitzer, highlighting on Glory of Life, pronounced with conviction and humility, “the reverence of life offers me my fundamental principle on morality”. The aforesaid expression may appear to be…
Compensation for the Victim of Torture in Police Custody
The Case of Supreme court ‘DR. MAHMOOD NAYYAR AZAM V. STATE OF CHHATTISGARH (2012)’, is important on this issue. In this case, appellant (M.N. Azam) was arrested in respect of…
Open Justice, Open Justice, and Democratic Values
Open justice is a long-established principle of common law systems. It rests on a high pedestal in a liberal democracy as ‘a sound and very sacred part of the Constitution…
The Concept of Open Courts and Its Importance in a Democracy
The concept of open courts is not alien to the Indian legal system. The Constitution adopts the concept in Article 145(4), which states that the Supreme Court shall be an…
Supreme Court’s Guidelines on Live Streaming of Court Proceedings
Swapnil Tripathi v. Supreme Court of India In the case of ‘Swapnil Tripathi v. Supreme Court of India (2018)’, three petitions were preferred in Supreme Court of India under Article…