Supreme Court's Live Broadcast of Hearings Delayed

Kathmandu. Despite repeated announcements to broadcast public interest cases registered in the Supreme Court live, it has not happened.

Before the appointment of the Chief Justice, the Chief Justice Dr. Manoj Kumar Sharma had pledged in the parliamentary hearing committee to arrange for the live broadcast of public interest cases in his action plan. He has included the need to make the judiciary technology-friendly and transparent in his action plan.

However, it is uncertain when the live broadcast of the hearing from the bench will take place.

The Supreme Court's fifth five-year plan had included broadcasting live important public interest cases from November 2082. However, the objective according to that five-year plan has not been met. Earlier, former Chief Justice Prakashman Singh Raut had stated in point 2 of point 16 of his action plan to study and implement the live broadcast of court hearings.

Due to the Gen Z movement on August 23 and 24, 2082, and its impact, his plan could not be implemented. According to Raut's plan, the arrangement for live broadcast from the bench was to be made by November 2082. Citing technical and financial problems, the matter of live broadcasting of public interest cases remains where it is.

Supreme Court spokesperson and head of the case section Arjun Prasad Koirala says that although the live broadcast was supposed to start last year, it has been delayed due to technical and financial reasons. 'The Supreme Court has included this matter in its plan, but due to the inability to raise financial resources after the Gen Z movement on August 23 and 24, the technical work could not be completed,' he said, 'Currently, we are somehow broadcasting public interest matters live visibly outside the Supreme Court premises.'

On March 20, 2082, then Acting Chief Justice Sapana Pradhan Malla had said that preparations were underway to broadcast important cases live to make the delivery of justice more transparent and accountable. Acting Chief Justice Malla had informed that a small committee had already started working on feasibility study and procedure formulation to further strengthen and make the constitutional bench more transparent during the public program of the new 'portal'.

In the future, there is a goal to establish a system for online registration, virtual hearing, online payment, and downloading judgments from home. She stated that the commitment to live stream important cases has been included in the plan of Chief Justice Dr. Manoj Kumar Sharma.

Although the hearings in the open court were to be included in the live broadcast, so far, public interest matters have not been broadcast live for the public to watch and listen. The Supreme Court had shown live broadcasts of cases related to the dissolution of the House of Representatives, the appointment of 52 constitutional officials, and the dispute over the authenticity of the Congress within the court premises. However, it has not been able to make it accessible to everyone outside.

Demanding that all citizens should be able to watch the hearings from the Supreme Court's open court, law student Vivek Chaudhary had also filed a writ petition in the Supreme Court on August 28, 2081. In the writ petition filed by Chaudhary, on August 31, Justice Kumar Regmi's bench issued a show-cause order to its own administration during the preliminary hearing. And, the case was also given priority.

However, even though almost two years have passed, this case has not been heard despite being given priority. This case has been listed as 'not to be seen' four times. Now the hearing of this case has been scheduled for June 3.

In this writ, the Registrar of the Supreme Court has clarified that it is not possible to issue an immediate order to broadcast the hearings live and implement it. The Supreme Court's Chief Registrar's written response states that there is a lack of necessary technical infrastructure, legal structure, and skilled manpower for live broadcasting.

The Chief Registrar has sent a response stating that high-level technical infrastructure, reliable cybersecurity, and skilled manpower who understand technology are required for live broadcasting of hearings, and therefore it will be difficult to start this process immediately as it will require more resources and sufficient time.

In the current situation, there is no established law, policy, or regulatory structure on how to manage court debates, what to broadcast, and what not to broadcast. It is understood that broadcasting live without such policy arrangements can lead to complications.

The Chief Registrar's response mentions that although the live broadcast of hearings is a matter of public interest and the right to information, it is extremely sensitive. It also involves the privacy rights of the parties to the case, so extensive preparation is necessary to manage it.

The Supreme Court has clarified that public interest cases are currently being heard in the 'open court' and that stakeholders can watch and listen to the hearings from the bench itself. The Chief Registrar has also argued that the existing system, where certified copies of case documents can be easily obtained by applying, maintains transparency.

The court has stated that information technology has been prioritized in accordance with the Judiciary's 'Information and Communication Policy, 2076' and 'Fifth Five-Year Strategic Plan (2081-2086)'. It is mentioned that work is underway with the goal of establishing an 'e-court' by 2082 under the 10-year master plan, and the court is gradually moving towards technology-friendly services.