- (1.)The petitioner is a registered political party, which has approached this Court under Art. 226/227 of the Constitution of India for seeking a writ of mandamus or a writ of certiorari or any other writ, direction or order, directing IInd Additional Sessions Judge. District Durg, in whose court the 9 accused persons are being tried for commission of the murder of one Shankar Guha Neogi, a trade union leader, to hold the trial in open Court and other relief.
(2.)The first grievance of the petitioner is that the Trial Court instead of holding the trial in open Court is holding (the same, in camera) which cannot be held as S. 327 of the Code of Criminal Procedure (for short Code) indicates that the place in which any Criminal Court is held for the purpose of enquiring into or trying any offence shall be deemed to be an Open Court, to which, the public generally may have access, so far as the same can conveniently contain them, the restriction contemplated is number of persons to sub-Sec. (1) of S. 327 of the Cr. P.C. which-could be contained in the premises where the Court sits. Sushree Nandita Haksar, learned counsel for the petitioner, placed reliance on a decision of the Supreme Court in case of Kehar Singh v. State (Delhi Admn.). AIR 1988 SC 1883 : (1989 Cri LJ l).
(3.)Every Court of justice is open to every citizen. Publicity is the authentic hall-mark of judicial as distinct from administrative procedure, the Criminal trial or enquiry is not an exception. The actual presence of the public is never of course necessary, however, the Court must be open to any, who may present themselves for admission as public Court houses are said to be temples of justice where all who seek justice may enter and where none, being called on to help in justice being administered should refuse to come. That justice should be properly administered in the interest of all and not merely of the parties in a particular case. It is for this reason that the highest in the land together with the lowest have entered the portals of courts of law without hesitation and with prayerful humility.