The Delhi High Court on Tuesday dismissed a reference by Justice (Retd.) S.N. Dhingra for framing of rules for audio or video-recording of court proceedings to get rid of maintenance of records in papers and to make the judges punctual and advocates disciplined inside the courts.
Dismissing the reference, a Division Bench of the Court comprising Justice Dipak Misra and Justice Sanjiv Khanna said: “In view of our premised reason, we answer the reference stating that a writ in the nature of mandamus cannot be issued for taking measures of audio/video recording in trial courts as well as in this Court”.
Justice Dhingra in his reference for consideration of the matter by a larger Bench had said that the process should begin from the district courts where district and civil judges worked in adverse conditions.
“It will discipline not only judges who do not come to courts in time but also advocates and litigants who many a time try to obtain order from the courts by show of force, more particularly, when an advocate is an accused,'' Justice Dhingra had said.
“In the case at hand, the petitioner does not have a legal right which is provided for under any enactment, common law or by rules or orders which have the force of law,'' the Bench further said.
Observing on the argument by the petitioner, the Bench said: “He has advanced his argument on the basis of transparency. Needless to emphasise, the material brought on record pertains to the practice followed in other countries and the petitioner's personal belief as he has been litigating many cases before this Court.''
Justice Dhingra had referred the matter to a larger Bench when a litigant had approached the High Court seeking permission to audio or video record courts proceedings in cases in which he was a party.