The Kerala High Court has upheld the Ernakulam District and Sessions Court’s decision denying a plea for in-camera proceedings by the accused in the Abhimanyu murder case.
Justice C.S. Dias held that the circumstances of the case did not warrant a direction for an ‘in-camera trial’. However, the High Court directed the trial court to ensure that photography and video-recording of the accused are not permitted inside the courtroom and to consider restricting public entry during the examination of eyewitnesses.
Initially, the petitioners approached the trial court, where it was held that there was no material to establish that an open-court trial would harm the fair administration of justice.
The accused had contended before the District Court that a test identification parade was not conducted for the witnesses to identify them. The alleged crime had received extensive attention from the public and media. The petitioners informed the court of their apprehension that their prior exposure to the witnesses through photographs or video recordings may compromise the fairness and reliability of the identification process.
They claimed that unrestricted entry to students, political workers, public representatives, mediapersons, and others would cause considerable crowding and may impede the examination of witnesses within the limited period fixed for the trial.
Demand of the accused
The accused persons reiterated their contentions before the High Court, claiming that the trial court had erred in its decision denying their motion for an in-camera trial. The State argued that open-court proceedings were the rule and closed-court proceedings were the exception. It contended that the prosecution had made elaborate arrangements to ensure that no law and order problems arose, and the witnesses could testify without threat or intimidation.
Additionally, the State contended that the injured and other witnesses have already identified the accused persons through a photo identification parade conducted by the Executive Magistrate, in addition to their identification before the police.
The court examined the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023, and found that it recognised open-court proceedings as the general rule while preserving the presiding officer’s discretion, in appropriate cases, to restrict access in the interests of the fair and proper administration of justice.
Published – October 07, 2026 08:02 pm IST
