The apex court has been urged to issue appropriate directions for live streaming/broadcast of the proceedings of the Supreme Court of Pakistan in all matters of public importance, in particular the proceedings under Article 184 of the Constitution.
Raheel Kamran Sheikh, former chairman Human Rights Committee Pakistan Bar Council, filed the plea under Article 184(3) of the Constitution and made secretary law, secretary information, Pakistan Electronic Media Regulatory Authority (PEMRA) and registrar SC as respondents.
Raheel submitted that live streaming/broadcast shall reinforce the rule of law, ensure the upholding of the principle of open, transparent and accessible justice, uphold the legitimacy and effectiveness of the court, and enhance public confidence in the institution of the judiciary.
He stated that under Section 41 of the Criminal Justice Act, 1925, recording of court proceedings used to be a crime in England and also amounted to the contempt of court, but that position had been changed with the implementation of the Constitutional Reforms Act, 2005. As of now, the media is permitted to broadcast court proceedings and hearings are live streamed and recorded.
England is not the only country to have allowed live streaming, broadcasting and recording of the court proceedings. Australia, Brazil, Canada, China, Germany, India, Northern Ireland, Israel, New Zealand, Scotland and South Africa have also granted such permissions. However, this is not the case in Pakistan.
He submitted that at the entrance of that court, there had been displayed an order of the registrar of the Supreme Court stating therein, in Urdu, that there was an absolute prohibition to carry mobile phones, pagers and cameras, etc, in the courtrooms. Another such notice by the order of the registrar of this court states in English that any type of photography, video and audio recording is prohibited in the Supreme Court building.
He maintained that the wider availability of information relating to the proceedings of this courtroom, to be realised through a real-time broadcast, was a sine qua non for the effective manifestation of the citizen's right to access justice - a fundamental right of the citizens of Pakistan flowing from Article 9 of the Constitution - as has been held by this court in multiple instances. "Viewing the court proceedings will also serve an educational purpose. Law students will be able to observe and learn from the interactions between the bar and the bench. The archives will constitute a rich source of knowledge for aspiring advocates and academics to study legal advocacy procedures, interpretation of law, and oratory skills, amongst other things. It will further promote research into institutional functioning of the courts," he added.