Publicity of order of temporary injunction can not be restrained except in exceptional circumstances
"Bentham" noted jurist on the open court system observed that:
"in the darkness of secrecy sinister interest, and evil in every shape, have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Publicity is the very soul of justice. It is the keenest spur to exertion, and surest of all guards against improbity. It keeps the Judge himself while trying under trial in the sense that the security of all securities is publicity."
It is well settled that in general, all cases brought before the Courts, whether civil, criminal, or others, must be heard in open Court. Public trial in open court is undoubtedly essential for the healthy, objective and fair administration of justice. Trial held subject to the public scrutiny and gaze naturally acts as a checkagainst judicial caprice or vagaries, and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity, and impartiality of the administration of justice. Public confidence in the administration of justice is of such great significance that there can be no two options on the broad proposition that in discharging their functions as judicial Tribunals, courts must generally hear causes in open and must permit the public administration to the court-room.
Our judicial system works in an open and transparent manner and there is no restrain either on media or man of public to attend the proceedings of the Court. Even orders of day to day proceedings are now available on the web site of the respective courts and any person can get the information about the status of the case, proceedings as well as day to day orders of the Courts. It is without saying that the orders and the judgments of the court are the public documents. However, principle of open justice is not absolute and there can be exception in the interest of justice.
"in the darkness of secrecy sinister interest, and evil in every shape, have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Publicity is the very soul of justice. It is the keenest spur to exertion, and surest of all guards against improbity. It keeps the Judge himself while trying under trial in the sense that the security of all securities is publicity."
It is well settled that in general, all cases brought before the Courts, whether civil, criminal, or others, must be heard in open Court. Public trial in open court is undoubtedly essential for the healthy, objective and fair administration of justice. Trial held subject to the public scrutiny and gaze naturally acts as a checkagainst judicial caprice or vagaries, and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity, and impartiality of the administration of justice. Public confidence in the administration of justice is of such great significance that there can be no two options on the broad proposition that in discharging their functions as judicial Tribunals, courts must generally hear causes in open and must permit the public administration to the court-room.
Our judicial system works in an open and transparent manner and there is no restrain either on media or man of public to attend the proceedings of the Court. Even orders of day to day proceedings are now available on the web site of the respective courts and any person can get the information about the status of the case, proceedings as well as day to day orders of the Courts. It is without saying that the orders and the judgments of the court are the public documents. However, principle of open justice is not absolute and there can be exception in the interest of justice.
Petitioner :- Reed Elsevier India Pvt. Ltd.
Respondent :- District & Sessions Judge, Lucknow & Others
Decided on;27 Nov 2012 Allahabad High court
Respondent :- District & Sessions Judge, Lucknow & Others
Decided on;27 Nov 2012 Allahabad High court
