The Bombay High Court has taken serious note of the unauthorised recording of court proceedings, observing that such incidents are increasingly being witnessed and that recordings are subsequently manipulated and circulated on social media in distorted forms.
A Division Bench of Justice G.S. Kulkarni and Justice Dr Neela Gokhale passed the observations while dealing with a suo motu proceeding after noticing an employee of the Education Inspector’s office, allegedly recording proceedings on his mobile phone during a hearing on October 5. The Respondent had no matter listed before the Court and, after being apprehended, attempted to delete the recording. The Court’s IT Department, however, recovered it from the deleted folder.
The Court noted that the Bombay High Court Rules expressly prohibit recording of proceedings without prior written permission. The Rules also prohibit unauthorised persons, including media and social media platforms, from recording, sharing or disseminating live-streamed proceedings or archival data.
Referring to decisions of the Punjab and Haryana and Rajasthan High Courts, the Bench observed that unauthorised recording may amount to contempt of court and interference with the administration of justice.
At the same time, the Court clarified that its proceedings remain open to lawyers, students, litigants, the Press and members of the public. However, everyone attending the courtroom is required to follow the applicable rules and maintain courtroom discipline and etiquette.
While the Respondent tendered an apology, the Court accepted it subject to consequences under the applicable Rules. It ordered confiscation of his mobile handset, directed removal of his personal data in his presence, and imposed ₹10,000 costs, payable to the High Court Legal Services Authority, Mumbai. The Court further warned that any recurrence or further violation could invite appropriate proceedings, including contempt proceedings.
