A. SATHYANARAYANA SWAMY v. THE HIGH COURT OF KARNATAKA
WP/28070/2026 · 2026-09-21
C M Poonacha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 42157 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 42157 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010615912026 NC: 2026:KHC:51810 WP No. 28070 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28070 OF 2026 (GM-RES) BETWEEN:
A. SATHYANARAYANA SWAMY S/O LATE CHIKKAPPAIAH AGED ABOUT 72 YEARS R/AT THANISANDRA VILLAGE, KR PURAM HOBLI, BENGALURU EAST TALUK BENGALURU - 560 077. …PETITIONER (BY SRI. GIRISH HEGDE, ADVOCATE) AND:
1.
THE HIGH COURT OF KARNATAKA REPRESENTED BY ITS REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
REGISTRAR (IT)/DESIGNATED OFFICER, HIGH COURT OF KARNATAKA, OPPOSITE TO VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001
3.
THE ASSISTANT REGISTRAR (INFORMATION TECHNOLOGY)
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CNR: KAHC010615912026 NC: 2026:KHC:51810 WP No. 28070 of 2026
O/O, REGISTRAR (COMPUTERS), HIGH COURT OF KARNATAKA, OPPOSITE TO VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU - 560 001 …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT/ COMMUNICATION BEARING NO.HCC.11/2025 E-97 DATED 23.07.2026, VIDE ANNEXURE-B, ISSUED BY THE RESPONDENT NO.2-ASSISTANT REGISTRAR /DESIGNATED OFFICER REJECTING THE PETITIONER'S APPLICATION IN FORM III, AS BEING ERRONEOUS, BASED ON AN ERRONEOUS CONSTRUCTION OF RULES 8(3), 10(1)(II) OF THE KARNATAKA RULES ON LIVE STREAMING AND RECORDING OF COURT PROCEEDINGS, 2021, AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed seeking for the following reliefs:
"a. Issue a writ of certiorari quashing the endorsement/communication bearing No.HCC. 11/2025 E-97 dated 23.07.2026, vide Annexure-B, issued by the respondent No.2-Assistant Registrar /Designated Officer rejecting the petitioner's application in form III, as being erroneous, based on an erroneous construction of rules 8(3), 10(1)(ii) of the Karnataka Rules On Live Streaming and Recording of Court Proceedings, 2021, and violative of Article 14 of the Constitution of India. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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HC-KAR
CNR: KAHC010615912026 NC: 2026:KHC:51810 WP No. 28070 of 2026
b. Consequentially, issue a writ of mandamus directing the respondents to grant the petitioner access to the archival recording(s) sought pursuant to the application made in form III dated Nil produced as Annexure-A. c. Issue a writ, order or direction directing the respondents to frame and publish clear guidelines / standard operating procedures governing the exercise of power under rule 8(3) of the Karnataka Rules on Live Streaming and Recording of Court Proceedings, 2021 vide bearing No.HCC. 35/2021 dated 17.09.2021 Annexure-C including the relevant considerations for grant or refusal of access, the requirement of reasoned orders, timelines for disposal of applications in form III, and an internal supervisory or review mechanism, so as to ensure non-arbitrary, transparent and consistent exercise of discretion in compliance with Article 14 of the Constitution of India. d. Pass such other order or direction as this Hon'ble Court may be pleased to."
2. The petitioner has made an application - Annexure-A to the writ petition for copies of the audio visual recordings of the Court proceedings dated 16.10.2026 pertaining to WA.No.929/2025. The said application was rejected vide communication dated 23.07.2026 (Annexure-B to the writ petition) by respondent No.3 - Assistant Registrar of this Court. Being aggrieved the present petition is filed.
3.
Learned counsel for the petitioner in support of his
contentions places reliance on the Rule 8 of the Karnataka Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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HC-KAR
CNR: KAHC010615912026 NC: 2026:KHC:51810 WP No. 28070 of 2026
Rules on Live Streaming and Recording of Court Proceedings,
20211. The said rules reads as under:
"8. Storage and Access.- (1) The Recordings will be archived. (2) Recordings may be uploaded, wholly or in part, on the Courts’ website or made available on other digital platforms, as directed by the Court. (3) Access to copies of the Recordings not uploaded will be sanctioned by the Designated Officer, who will act as per law. An application for copies of Recordings shall be made in the form prescribed in Form III. (4) The Archived Data should ordinarily be retained by the Court for at least six months, subject to special directions issued by the concerned Bench in a particular case. The Chief Justice may issue practice directions regarding the cases and the period for which archived data will be preserved. Archived Data shall be stored in electronic devices in encrypted form with a specific hash (#) value."
(emphasis supplied)
4. It is the contention of the learned counsel for the petitioner that an application having been made in Form No.III as contemplated in Sub-rule 3 of the Rule 8 of the Rules, the rejection of the same is erroneous and that the audio visual recording as sought for in the application ought to have been granted.
5. It is pertinent to note that vide communication dated 23.07.2026, the Respondent No.3 - Assistant Registrar
1 Hereinafter referred as to 'Rules' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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HC-KAR
CNR: KAHC010615912026 NC: 2026:KHC:51810 WP No. 28070 of 2026
(Information Technology) of this Court rejected the request of the petitioner by placing reliance on Rule 10(1)(ii) of the Rules. In this context, it is pertinent to notice the said communication dated 23.7.2026 which is as under:
"REPLY TO FORM NO. III DATED NIL. Sub: Request for copies of recordings in archival data with respect to WA 929/2025 dated 16.06.2026 after2.30 PM. -Reg. Ref: Your application in Form No. III dated NIL. ** With reference to your application seeking copies of recordings in archival data with respect to WA 929/2025 dated 16.06.2026 after 2.30 PM. I am
directed to inform you that, the Form No. III through which request was made cannot be granted under the Rules for the following grounds: Rule 10 (1) (ii) of Karnataka Rules on Live Streaming and Recording of Court Proceedings, 2021 the archival data shall not constitute the official record of the court proceedings unless otherwise
directed by the Bench. As per Rule 10 archival data does not automatically become the official record unless the Bench expressly directs. Therefore, unless archival data/recordings becomes the "official record" upon judicial direction, the same can not be made available for access and use for the purpose sought. Accordingly requested copies cannot be granted for the above reasons."
(emphasis supplied)
6. Rule 10(1) of the Rules reads as under:
"10. Disclaimers, Prohibitions and Restrictions.- Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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HC-KAR
CNR: KAHC010615912026 NC: 2026:KHC:51810 WP No. 28070 of 2026
(1) Disclaimers:- (i) The daily cause list published on the website of the Court shall contain requisite information and disclaimer regarding Live- streaming. (ii) The Archival Data shall not constitute the official record of the Court Proceedings unless otherwise
directed by the Bench."
(emphasis supplied)
7. Respondent No.3 - Assistant Registrar (Information Technology) of this Court rejected the application of the petitioner placing reliance on Rule 10(1)(ii) of the Rules which stipulated that the archival data proceedings as contemplated under Sub-rule 4 of Rule 8 of the Rules shall not constitute the official record of the Court proceeding unless directed by the Bench. 8. It is further pertinent to note that Rule 10(2) of the Rules stipulates the prohibition and restrictions on usage of the recordings or live streaming. The said Sub-rule 2 of Rule 10 of the Rules reads as under:
"10. Disclaimers, Prohibitions and Restrictions.- (1)…… (2) Prohibitions and Restrictions on usage of the Recording or Live Steam:- (i) No person or entity (including print and electronic media, and social media platforms) other than an authorised person or entity shall record, share and/or disseminate Live-streamed Proceedings or Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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CNR: KAHC010615912026 NC: 2026:KHC:51810 WP No. 28070 of 2026
Archival Data. This provision shallalso apply to all messaging applications. Any person/entity acting contrary to this provision will be prosecuted as per law. The Court shall have the exclusive copyright in the Recordings and Archival Data. Any unauthorised usage of the Live- stream will be punishable as an offence under the Indian Copyright Act, 1957, Information Technology Act, 2000, and other provisions of law, including the law of Contempt. (ii) Any party/ litigant-in-person accessing the Live- stream will be bound by these rules. (iii) The Live-stream shall not, without the prior written authorisation of the Court, be reproduced, transmitted, uploaded, posted, modified, published, or re-published in any form. (iv) The use of authorised recordings in their original form may be permitted by the Court, inter-alia to disseminate news and for training, academic and educational purposes. Authorised recordings handed over for the aforesaid purposes shall not be further edited or processed. Such Recordings will not be used for commercial ,promotional purposes or advertising in any form. (v) No person shall use a Recording Device for recording or for transcribing the proceedings, other than those authorised by the Court."
9.
It is clear from combined reading of Rule 8 and Rule 10 of the Rules, that the same do not in any manner provide a right to the petitioner to seek for copies of the said recording unless the same is specifically ordered by the Court. In the absence of any right vested with the petitioner, the question of the petitioner assailing the rejection of his request for copies does not arise. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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HC-KAR
CNR: KAHC010615912026 NC: 2026:KHC:51810 WP No. 28070 of 2026
10. In view of the same, the present writ petition is dismissed has been devoid of merits. (C.M. POONACHA) JUDGE
PNV List No.: 1 Sl No.: 10 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA