The Bombay High Court has taken action against a person who was found recording court proceedings on his mobile phone without written permission from the Registry. A Division Bench of Justice G. S. Kulkarni and Justice Dr. Neela Gokhale held that the recording violated the High Court’s rules governing the use of recording devices during court proceedings.
Background
The incident occurred while the Court was hearing matters at around 12:23 p.m. The Bench noticed a person sitting in the last row with a mobile phone whose flash was switched on. The Court suspected that he was recording the proceedings, following which court staff seized the handset and sent it to the IT Department for examination.
The person identified himself as Dilip Wagh, who works in the Office of the Education Inspector. He told the Court that he had come to meet the Government Pleader in another matter and had no case listed before the Bench. The Court further recorded that Wagh attempted to delete the recording after being apprehended, but the IT Department recovered it from the deleted items on the phone.
The Bench noted that unauthorised recording of court proceedings had become an increasing concern, particularly because recordings could subsequently be manipulated or circulated in distorted forms on social media.
The Court referred to the High Court’s Live-Streaming and Recording of Court Proceedings Rules, which expressly prohibit unauthorised recording. The Rules state that a person cannot use a recording device for recording or transcribing proceedings unless authorised by the Court.
The Bench observed:
“There cannot be any objection for any member of the public to attend the Court and witness the Court proceedings, as they are open proceedings. However, certainly, restrictions on any member of the public to adhere to the rules and regulations governing the Court proceedings, when inside the Courtroom, need to be followed in letter and spirit.”
The Court also noted that Wagh had not obtained written permission from the Registry. His attempt to delete the recording, which was later recovered, was considered significant in assessing the circumstances.
The Bench held that the circumstances warranted action under the applicable Rules and the Contempt of Courts Act, 1971. However, after Wagh tendered an apology, the Court accepted it, while making clear that the apology could not be treated as unconditional.
The Court ordered that Wagh’s mobile handset be seized and confiscated. His personal data was directed to be removed in his presence, with the process to be certified by the concerned Court officials before the handset was disposed of according to law.
The Court further directed Wagh to deposit ₹10,000 with the Secretary, High Court Legal Services Authority, Mumbai, within two weeks. It also made clear that any recurrence or further violation of the prohibition on recording court proceedings could invite appropriate proceedings, including contempt proceedings.
The matter was directed to be listed for compliance on October 19, 2026.
Case Details
Case Title: High Court on Its Own Motion v. Shri Dilip Wagh
Case Number: Suo Motu Proceedings (St) 29396 of 2026
Judge: Justice G. S. Kulkarni and Justice Dr. Neela Gokhale
Decision Date: 5 October 2026
