Publishing of documents in a trial
K K S V SOMESWAR
(Querist) 11 October 2016
This query is : Resolved
Respected Experts,
Namasthe.
I wish to inform that a trial was conducted in a criminal case for three years and the judgment was given by Hon. Court.
Can we publish the total documents of trial - from FIR to judgment like FIR, charge sheet, deposition statements, judgment etc as a book ?
Guest
(Expert) 12 October 2016
What purpose you want to serve by publishing the total documents and for whom?
K K S V SOMESWAR
(Querist) 12 October 2016
Respected Dhingraji and other experts,
Good Morning.
This will be published in general for those who can update especially for public, law students and advocates. The doubt is whether the total documents pertaining to a trial can be published or not ? All documents right from FIR to judgment.
Ms.Usha Kapoor
(Expert) 12 October 2016
i AM AFRAID YOU DON'T HAVE SUCH RIGHT.
adv.bharat @ PUNE
(Expert) 12 October 2016
YOUR ACT AMOUNT TO DEFAMATION OF JUDGEMENT DEBTOR.
Guest
(Expert) 12 October 2016
Dear Someshwar.
Also please intimate:
1) Is the period for review/appeal over?
2) What was the subject matter of the case/ judgment?
3) Has the judgment in your case been treated as reportable by the HC?
P. Venu
(Expert) 12 October 2016
There need not be any objection unless the matter is still subjudice and the matter is yet to reach finality.
Rajendra K Goyal
(Expert) 12 October 2016
Lower court generally does not mention whether the judgement is reportable or not?
Prey the district judge / respective court to permit accordingly, if matter has been confined to lower court only.
If case went to High court, high court decided the judgement reportable, you can publish judgement.
Guest
(Expert) 12 October 2016
Rajendra ji,
Please re-read the query. It is not a case of lower court. The statement of the author, "I wish to inform that a trial was conducted in a criminal case for three years and the judgment was given by Hon. Court? clearly reveal that the case was decided by HC. My question also was about HC, when I asked, "Has the judgment in your case been treated as reportable by the HC?"
However, If you are sure, you may like to enlighten the members with your advice that the HC does "not mention whether the judgement is reportable or not. That may enhance the knowledge of the readermembers, including myself.
K K S V SOMESWAR
(Querist) 12 October 2016
Respected experts
thank you
the judgment was given by lower court. judgment was given eight months back. no appeal was made. this is for kind information of experts and sorry for inconvenience. the case pertains to sec 66A of IT Act, 2008
dr g balakrishnan
(Expert) 12 October 2016
till the criminal case finalized finally, it has a qualified position of 'sub judice' so do not publish , any defect by you invite you to the contempt of court position, after accused has got a fundamental protection as innocent till finally convicted. that way even Ajmal kasab case till finalized by the final court, the matter discussed in his 11000 pages documents could not get into any kind of print in any book form.
care is always a must in all crimes pls,
dr g balakrishnan
(Expert) 12 October 2016
Better not indulge in publishing, you have not stated for what purpose you want to, unless we know we cannot advice. sorry
Adv. Yogen Kakade
(Expert) 12 October 2016
I think still you are not clear about the purpose behind publishing the same.
Guest
(Expert) 12 October 2016
Mr. KKSV Someswar,
At first you stated the judgment was of HC, now you say that pertains to lower court. Not even that, you have edited your original query by replacing the term "High Court" with the words "Hon. Court."
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That clearly means you have made quite a vague and hypothetical academic query.
Better you first ascertain what is the fact, if there is really any case with you.
You have not made clear how that would be beneficial to the lawyers and why should they imitate you?
Rajendra K Goyal
(Expert) 12 October 2016
What is your exact purpose of publication?
adv.bharat @ PUNE
(Expert) 12 October 2016
Author need to clear about his vision behind publishing it.
P. Venu
(Expert) 13 October 2016
With due respect to the learned Experts, I am afraid, we are being too judgmental of the author, his purpose and vision. In my considered opinion, the suggestions given in this forum needs to be objective and detached and confined to the legal elements of the facts disclosed and and issues raised.
Taking such a view, publishing matters in a person's knowledge and information is an integral part of Fundamental Right to Freedom Speech and Expression guaranteed under under Article 19(1)(a) of our Constitution.
Any restriction on this Right could be those based on the provisions of Article 19(2). Hence there is no legal element that prohibits, or otherwise restricts the queriest from publishing the proceedings as suggested unless the matter is yet to reach finality and hence could be sub-judice, entailing an action in Contempt of Court.
Rajendra K Goyal
(Expert) 13 October 2016
Decision of High court , tribunals or above are published when decision specify these as publishable / reportable.
In lower court no such practice exist, hence permission needed for publishing decision. The author want to publish full case file with contents, specific permission needed in my view.
dr g balakrishnan
(Expert) 13 October 2016
we need not be judgmental is obvious indeed. advocates work on the basis of laws or statutes present on the day of the client meets him or her, that is all, he advises the client as per the statutes prevalent on the appointed day only, i agree .
Kumar Doab
(Expert) 13 October 2016
Central Government Act
The Copyright Act, 1957
https://indiankanoon.org/doc/1013176/
Section 52: Certain acts not to be infringement of copyright.—
(1) The following acts shall not constitute an infringement of copyright, namely:—
(q) the reproduction or publication of—
(iv) any judgment or order of a court, Tribunal or other judicial authority,
Kumar Doab
(Expert) 13 October 2016
The author should not have modified the words/statements in the 1st post.
Rajendra K Goyal
(Expert) 14 October 2016
Can be benefited from the advice from expert Kumar Doab.
dr g balakrishnan
(Expert) 14 October 2016
it means, the author took the experts for granted.
Guest
(Expert) 14 October 2016
Your reply about purpose is not satisfactory, particularly when you say, "Can we publish the total documents of trial - from FIR to judgment."
Please state clearly, except the judgment, how other documents of trial, including FIR can benefit the readers, if published?
Guest
(Expert) 14 October 2016
Dear Dr. Balakrishnan,
The aim of the author seems to be putting the experts in a testing condition simply to find solution of his academic query.
Otherwise, it could have been a matter of common sense for him, as to how any one could benefit from the documents, other than the judgment, i.e., his petition, reply of the opposite party, affidavits and evidence of witnesses, etc.
Kumar Doab
(Expert) 14 October 2016
Getting a copy of all documents by author is permitted by means of RTI, certified copy etc etc...
dr g balakrishnan
(Expert) 14 October 2016
fact is any law making is to be based on idea of leadership, a right brain activity, that is more an 'art' than a science; science is some managing something of a left brain activity. Leadership is always based on some 'great' philosophy behind, like in any religion like 'say' Buddhism (an enlightened thought process). So that is obviously an Art.
Our law makers are not just great leaders , but some kind of managers, right from 'Ministers',
They work on 'first things first kind ' activity in managing , might be it is wrong too from the independent Will of political leadership, obviously based on 'independent Will' thought that way political party is formed, when too many parties work in a coalition, Leadership is dead but just some management is there.
Management sans Leadership Independent Will will obviously is good for Nothing.
that way many legislations undergo too many amendments.
Amendment means , 'earlier statute ' lacks something so called 'important correction';
Obviously most statutes invariably irrelavent, like see Muslim Mullahs interpreted 'Koran' (a philosophy) based on a some great thought. But Mullahs interpret they try to manage the Koran, that way 'Qura' is mutilated and misunderstood.
That more and more confusions as every interpretation many a time falls into the trap of misunderstanding' that way the 'oral thalq' thrice is considered by Mullahs as great but what is the basis, he cannot explain, but simply say 'Qurah'
says, Qurah never said Oral thalaq is great thought; so the muslim countries made 'oral thalaq - thrice' is nothing and cannot be taken for granted, that way Shah Banoo case was decided by Bombay High court then, confirmed by S C; but Congress govt just to appease 'Mullahhs',the Congress govts did not allow Shah Banoo case to take precedence, just because congress was managing with no 'Leadership' thought...like that Leadership obviously an Art, but congress management idea was to get its idea of 'first things first' that is vote bank of muslims just because most muslims being followers of half learned Mullahs just do what Mullahs say, that way Congress was managing tp corner Muslim votes, so too so too SP, BSP and like parties.
So practically most statutes mostly irrelevant indeed. so the idea of Judicial review came in basically in the past in all advanced democracies.
dr g balakrishnan
(Expert) 14 October 2016
Obviously every statute is full of holes indeed , that way you have the judiciary thru which you can question and it might sort out by Art 226 writs r/w 227.
If you want move Art 226 writ on your question for a mandamus.
dr g balakrishnan
(Expert) 14 October 2016
Once the trial s over finally pronounced, the accused to convicted, you are free to publish your issue.
Rajendra K Goyal
(Expert) 15 October 2016
However in this age of mechanization, even decisions of lower courts are also available online where system has been initiated.
Kumar Doab
(Expert) 15 October 2016
Digital access is provided thru internet.
e-courts option is also available.
Dr J C Vashista
(Expert) 16 October 2016
Good academic debate.
Proceed to publish the judgment, it is a public document.
Kumar Doab
(Expert) 16 October 2016
Hope you have engaged a very counsel for the establishment/publisher.
Your counsel can guide you further.
Guest
(Expert) 16 October 2016
Your question was, "Can we publish the total documents of trial."
There is a marked difference between a judgment of the court and the whole of trial documents (trial proceedings).
You may publish, if ready to face ire of the opposite party also, as total documents/ trial proceedings contain documents of opposite party also.
Rajendra K Goyal
(Expert) 16 October 2016
Again repeat, for publication of full file, order of district judge required.
P. Venu
(Expert) 16 October 2016
The basic legal concept involved is best summarised in the opinion No.4/1897 dated 18.1.1897 of the Advocate General of Bombay Government -" all conditions, rules and bylaws encroaching the ordinary rights of individuals are construed strictly and unless it could be shown the legislature clearly intended such a condition could be imposed, it would be invalid." The then Government of Bombay had accepted this opinion by GR No.2100 of 1897.
Certainly, the public authorities of Independent India governed by the Law established by the Constitution cannot be more overbearing or oppressive than the British Rulers.
Guest
(Expert) 16 October 2016
Agree with Experts Mr.Kumar Doab and Mr.P.Venu(ofcourse the Title and the Query Differs and as per Title Objections could be Raised).
