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Legal news-India

Bombay HC junks petition seeking video recording of court proceedings

The Bombay High Court has dismissed a petition praying for video recording of proceedings in all courts of the country on the ground that it was a fundamental right of a citizen to know the judicial procedures and happenings during hearing of cases.
The petition, filed by Navneet Khosla, was dismissed by Chief Justice Dr Manjula Chellur and Justice M S Sonak on the ground that the Bombay High Court earlier rejected similar plea in two other writ petitions.
The court was of the view that video recording of judicial proceedings cannot be a regarded as a fundamental right of a citizen, but can be allowed only if it is necessary in a particular case or in a given situation.
Referring to earlier judgements of the Bombay High Court that have set precedents, the bench said that the observations therein are quite clear. On the basis of the same, it cannot be said that the petitioner has made out any case for grant of any of the reliefs prayed for by him in the petition.
“For the aforesaid reasons, we dismiss this petition. On this occasion however, there shall be no order for payment of costs,” said the bench in its order on October 6.
The earlier high court judgements had listed a series of circumstances where such video recording in a court could be considered. This could be when the court wanted to talk to a witness through the medium of video conference in case if he or she is abroad and cannot travel to India, or in case of a witness who has a speech impediment or when the court wants to talk to a child in custodial matters.
Mathews Nedumpara, the counsel for petitioner, argued that Right to Information was a well recognised and integral part of the right to life within the meaning of Article 21 of the Constitution.
Also, Articles 14 and 19 of the Constitution, which deal with right to equality and right to freedom of expression respectively, are to be read together and so video-recording of court proceedings and telecast thereof, if it is necessary in public interest, is a fundamental right, Nedumpara argued.
As earlier judgements had not supported live telecasts and compulsory video recordings of a judicial proceedings, the high court dismissed Khosla’s petition on the same ground.

Antonio Guterres as next UN secretary-general

UNITED NATIONS, Oct. 13 (Xinhua) -- The United Nations General Assembly on Thursday appointed by acclamation Portugal's former Prime Minister Antonio Guterres as next UN secretary-general to succeed retiring Ban Ki-moon on Jan.1, 2017.

Maldives decides to leave the Commonwealth

MALE, Oct. 13 (Xinhua) -- The government of the Maldives has decided to leave the Commonwealth, the Maldives Foreign Ministry announced on Thursday.

The Maldives says the decision to leave the Commonwealth was difficult, but inevitable. The Maldives joined the Commonwealth in 1982 with high hopes and expectations, convinced that the organisation will be an arena for coordinating critical issues that the member States, in particular, the smallest members of the organisation face.

Since 2012, the government of Maldives has been giving maximum cooperation to the Commonwealth, shown maximum transparency, and engaged with the Commonwealth at the highest levels.

However the Maldives says the Commonwealth has sought to take punitive actions against the Maldives since 2012 after the then President of Maldives resigned, and transfer of power took place as per the procedures set out in the Constitution.

"The Commonwealth's decision to penalise the Maldives was unjustified especially given that the Commission of National Inquiry (CONI), established with the help of the Commonwealth, found that the transfer of power in the Maldives was consistent with the constitutional provisions," the Maldives Foreign Ministry added.

The Maldives says the Commonwealth Ministerial Action Group (CMAG) and the Commonwealth Secretariat have treated the Maldives unjustly and unfairly.

"The Commonwealth has sought to become an active participant in the domestic political discourse in the Maldives, which is contrary to the principles of the Charters of the UN and the Commonwealth," the ministry said.

"The CMAG and the Commonwealth Secretariat seem to be convinced that the Maldives, because of the high and favourable reputation that the country enjoys internationally, and also perhaps because it is a small State that lacks material power, would be an easy object that can be used, especially in the name of democracy promotion, to increase the organisation's own relevance and leverage in international politics," it added.

The Maldives reassured that its international engagement will continue both bilaterally and multilaterally.

Pakistan confirms death sentence to 10 "hardcore terrorists"

ISLAMABAD, Oct. 13 (Xinhua) -- Pakistani Army Chief Gen Raheel Sharif on Thursday confirmed death sentences to another 10 "hardcore terrorists" involved in heinous offenses related to terrorism including killing of innocent civilians, polio workers, NGO employees, police officials and armed forces personnel, the military said.

The convicts admitted their offenses before the magistrates and the trial courts, an army statement said. Firearms and explosives were also recovered from their possession.

These convicts were tried by military courts, the statement from the Inter-Services Public Relations said, adding that they were active members of the outlawed Tehreek-e-Taliban Pakistan.

The army courts were set up after a terrorist attack on an army school in December 2014 for a speedy trial of the terrorism-related cases.

The convicted have the right to appeal to the president under the law. However, the president has previously rejected all mercy petitions in terrorism-related cases.

Prime Minister Nawaz Sharif had advised the president to reject all mercy petitions of the militants as they have been responsible for the killing of the security personnel and civilians.