Daily Legal Updates for Law Exams: 28th July 2020.

1. Open virtual proceedings part of the right to know: Gujarat HC sets up Committee to decide on public access to virtual court hearings

A Division Bench of the Gujarat High Court recently disposed of a petition filed by third-year Nirma University law student seeking open public access to virtual hearings.
The Bench, accepting the points he urged, observed:

"to observe the requirement of open Court proceedings, the members of the public should be allowed to view the Court hearings conducted through the video conferencing, except the proceedings ordered for the reasons recorded in writing to be conducted in-camera." Gujarat High Court.

Further, the Court said.

"The right to know and receive information is one of the facets of Article 19(1)(a) of the Constitution and for which reason, the public is entitled to witness the Court proceedings involving the issue having an impact on the public at large or a section of the public, as the case may be."

Source: Bar & Bench

2. [COVID-19] Karnataka HC asks State to frame guidelines to ensure the dignity of the dead, wages for sanitation workers

Referring to the handling of bodies of deceased COVID-19 patients in the state, the Karnataka High Court on Monday observed that the state government and civic body Bruhat Bengaluru Mahanagara Palike (BBMP) are bound to come out with guidelines to ensure the dignity of the dead.
To this end, the Court asked the state government to ensure that dead bodies are given a proper burial/cremation. This direction was passed by the Court after taking into account the pitiable course of action adopted in handling bodies of COVID-19 patients in the State.

The directions passed include:

State to issue proper and fresh guidelines with an emphasis on the dignity of dead persons.
State to ensure that the centralized ambulance system is in place immediately.
No machinery in place to ensure that private hospitals follow the directions issued by the Court and do not refuse admission to patients. The State must ensure that such machinery is in place to monitor the activities of private hospitals.
The death certificate clause mentioned in the BBMP guidelines needs to be revisited, as there is no requirement for COVID-19 status to be mentioned if it is a case of natural death.
State to place on record insurance scheme (Garib Kalyan Package Insurance Scheme). The beneficiaries of the scheme must be informed of the scheme so that they may avail it.

Source: Live Law

3. Police can't use media to influence public opinion against accused while the investigation is pending: Delhi HC

The same (using media to influence public opinion) is not only likely to subvert the fairness of the investigation but would also have the propensity to destroy or weaken the presumption of innocence, which must be maintained in favor of the accused till he/she is found guilty after a fair trial. Delhi High Court said.
The court further observed

This is not only because such actions may prejudicially affect a fair trial but also because it may, in some cases, have the effect of stripping the person involved of his/her dignity or subjecting him/or her to avoidable ignominy.

Source: Bar & Bench

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