Comprehension
Courts must be open both in the physical and metaphorical sense. Save and except for in - camera proceedings in an exceptional category of cases, such as cases involving child sexual abuse or matrimonial proceedings bearing on matters of marital privacy, our legal system is founded on the principle that open access to courts is essential to safeguard valuable constitutional freedoms. The concept of an open court requires that information relating to a court proceeding must be available in the public domain. An open court proceeding ensures that the judicial process is subject to public scrutiny. Public scrutiny is crucial to maintaining transparency and accountability. However, there are certain exceptions to the rule of open courts in India. While emphasising the importance of public trial, it cannot be overlooked that the primary function of the judiciary is to do justice between the parties who bring their causes before it. If a Judge trying a cause is satisfied that the very purpose of finding truth in the case would be retarded, or even defeated if witnesses are required to give evidence subject to public gaze, is it or is it not open to him in exercise of his inherent power to hold the trial in camera either partly or fully? If the primary function of the court is to do justice in causes brought before it, then on principle, it is difficult to accede to the proposition that there can be no exception to the rule that all causes must be tried in open court. The exceptions must be exercised with great caution and it is only if the court is satisfied beyond a doubt that the ends of justice themselves would be defeated if a case is tried in open court that it can pass an order to hold the trial in camera.
Question: 1
In which of the following cases the Supreme Court of India held, “… even if the press is present, if individual members of the public are refused admission, the proceedings cannot be considered to go on in open courts”?
In which of the following cases the Supreme Court of India held, “… even if the press is present, if individual members of the public are refused admission, the proceedings cannot be considered to go on in open courts”?
Updated On: Jul 11, 2024
- State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601.
- A.M Mathur v. Pramod Kumar Gupta, (1990) 2 SCC 533.
- Mohammed Shahabuddin v. State of Bihar, (2010) 4 SCC 653.
- Dr. Raghubir Saran v. State of Bihar, (1964) 2 SCR 336.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Mohammed Shahabuddin v. State of Bihar, (2010) 4 SCC 653.
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Question: 2
In which of the following cases did the Supreme Court of India, while noting that live - streaming of court cases is an extension of the principle of open courts, remarked, “sunlight is the best disinfectant”?
In which of the following cases did the Supreme Court of India, while noting that live - streaming of court cases is an extension of the principle of open courts, remarked, “sunlight is the best disinfectant”?
Updated On: Jul 11, 2024
- Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639.
- Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639.
- M.K. Ranjitsinh v. Union of India, 2021 SCC OnLine SC 326.
- Aparna Bhat v. State of Madhya Pradesh, 2021 SCC OnLine SC 230.
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Aparna Bhat v. State of Madhya Pradesh, 2021 SCC OnLine SC 230.
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Question: 3
Which of the following statements is true regarding significance of open courts?
Which of the following statements is true regarding significance of open courts?
Updated On: Jul 11, 2024
- It is pertinent that the public be informed regarding the working of courts of justice.
- Public trial in open court is detrimental to healthy, objective and fair administration of justice.
- Trial held subject to the public scrutiny and gaze is conducive to judicial caprice or vagaries.
- Publicity is the very soul of justice as it keeps the Judge himself while trying under trial.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : It is pertinent that the public be informed regarding the working of courts of justice.
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Question: 4
Which of the following statements is not true regarding the applicability of rule of open courts?
Which of the following statements is not true regarding the applicability of rule of open courts?
Updated On: Jul 11, 2024
- Fair administration of justice is a means to ensure public trial, not an end.
- In case of a conflict between fair administration of justice and public trial, public trial may have to be regulated in the interest of administration of justice.
- Open court principle is not an inflexible and universal rule.
- Exceptions to rule of open courts ensure that justice is never defeated.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Open court principle is not an inflexible and universal rule.
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Question: 5
Which of the following provisions of Cr.P.C. provides that as a general rule, criminal courts shall be deemed to be open courts?
Which of the following provisions of Cr.P.C. provides that as a general rule, criminal courts shall be deemed to be open courts?
Updated On: Jul 11, 2024
- Section 237(1)
- Section 353(1)
- Section 327(1)
- Section 274(1)
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Section 327(1)
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Question: 6
The prevalence of which of the following among public is/are obstacles to the effective implementation of the open court principle?
The prevalence of which of the following among public is/are obstacles to the effective implementation of the open court principle?
Updated On: Jul 19, 2024
- Technological dexterity.
- Lack of knowledge gained during court proceedings.
- Lack of awareness about court proceedings.
- Both (A) and (B).
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Lack of awareness about court proceedings.
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