Bombay High Court Rejects PIL Seeking Recording of MERC Hearings, Says Such Videos Aren't Evidence
Finding no mandate in the Electricity Act to compel such recordings, the bench labeled the case a misuse of the PIL process.
Overview
- A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad dismissed the petition on November 11.
- The court reaffirmed a prohibition on recording court proceedings and held that such recordings are inadmissible as evidence in any court.
- Petitioner Kamlakar Ratnakar Shenoy challenged MERC’s September 4, 2018 resolution that decided against audio‑video recording of hearings.
- MERC’s counsel said the regulator maintains recordings for internal purposes but the Electricity Act, 2003 contains no requirement to record proceedings.
- The judges said Supreme Court remarks on open trials do not imply permission to record hearings and described the filing as private‑interest litigation driven by publicity.