Explain Why The Courts Are Closed To The Public
English jurist and social reformer Jeremy Bentham wrote-
“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. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.”
The judiciary is considered as the most transparent body of any country where all the cases are tried and heard in public and the reasoned decisions are given in public. These decisions are open to discussion and criticism by the media and public. The basic idea behind the open courts system is that justice …show more content…
In camera means ‘in chambers’ or ‘in private.’ The courts are generally open to the public. However, the notion of open justice is not absolute and on many occasions, the proceedings are held in courts that are closed to the public.
Cases involving matters of national security or matters related to Children (that might affect their safety or mental health or where they are involved in offences of sexual nature whether as complainant or witness or defendant) or grave and heinous crimes such as murder, rape, other kinds of sexual offences etc., are generally held in closed courts. Also, in some cases, the justices in the interests of public morality may ask the strangers to be excluded from the proceedings.
There are statutory exceptions to the general rule of openness of the Courts such as Crime and Corruption Act, 2002 s.332, Child Protection Act, 1999, Children’s Court Act, 1991, ss 21A-21E, Evidence Act, 1977, Justices Act, 1886, Criminal Code, 1899 etc. These legal provisions talk about the court proceedings to be held in camera prohibiting publication of information or identity of parties in the interests of
“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. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.”
The judiciary is considered as the most transparent body of any country where all the cases are tried and heard in public and the reasoned decisions are given in public. These decisions are open to discussion and criticism by the media and public. The basic idea behind the open courts system is that justice …show more content…
In camera means ‘in chambers’ or ‘in private.’ The courts are generally open to the public. However, the notion of open justice is not absolute and on many occasions, the proceedings are held in courts that are closed to the public.
Cases involving matters of national security or matters related to Children (that might affect their safety or mental health or where they are involved in offences of sexual nature whether as complainant or witness or defendant) or grave and heinous crimes such as murder, rape, other kinds of sexual offences etc., are generally held in closed courts. Also, in some cases, the justices in the interests of public morality may ask the strangers to be excluded from the proceedings.
There are statutory exceptions to the general rule of openness of the Courts such as Crime and Corruption Act, 2002 s.332, Child Protection Act, 1999, Children’s Court Act, 1991, ss 21A-21E, Evidence Act, 1977, Justices Act, 1886, Criminal Code, 1899 etc. These legal provisions talk about the court proceedings to be held in camera prohibiting publication of information or identity of parties in the interests of