Now, video recording in Bombay HC could invite fine, phone confiscation

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The HC noted that except for the HC registry's written permission, there was an "express bar" under HC's Rules to record court proceedings (File photo)Noting incidents of court proceedings being recorded without permission, the Bombay High Court has ordered the confiscation of the mobile handset used and imposed a Rs 10,000 fine if caught doing so.Emphasising that the incidents have been “unfortunately on the rise,” the Bombay High Court also noted that such recordings are “manipulated in ways unimaginable, and then distorted versions are posted on social media” and “in fact, it has become quite rampant.”A bench of Justices Girish S Kulkarni and Neela K Gokhale took suo motu (on its own) cognisance on October 5, noting that while the court was in session, around 12:23 pm, a person sitting in the last row held a mobile phone, with its flash on.Suspecting he was recording court proceedings, the court staff, on the judge’s instructions, seized his phone and sent it for examination.The person, identified as Dilip Wagh, who works at the Education Inspector’s office, was visiting the Government Pleader. He deleted the video recording after being caught. The video was later retrieved by the court’s IT department.The HC noted that except for the HC registry’s written permission, there was an “express bar” under HC’s Rules to record court proceedings, which Wagh did not obtain, and “he was fully aware of these basic expectations.”“There cannot be any objection for any member of the public to attend the Court and witness the Court proceedings, as they are open proceedings. However, certainly, restrictions on any member of the public to adhere to the rules and regulations governing the Court proceedings, when inside the Courtroom, need to be followed in letter and spirit,” the HC noted.Story continues below this ad“Thus, considering the seriousness, casualness and frequency of such instances happening, it is high time that actions as the law would mandate are taken by the Court,” the order added.The judges stated they “would be falling in our duty” if they “overlook” the Rules by not taking any action.While the court accepted Wagh’s apology and did not initiate contempt proceedings, it ordered confiscation of the mobile handset, removal of all data with a registry panchanama, and its disposal as per legal procedures. He was also ordered to pay Rs 10,000 to the High Court Legal Services Authority within two weeks, and compliance was sought by October 19.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read MoreStay updated with the latest - Click here to follow us on Instagram