RIGHT TO OPEN PUBLIC TRIAL :
INTRODUCTION: Though public trial or trial in open court is the rule yet in cases where the ends of justice would be defeated if the trial is held in public, it is in that the Court has got inherent jurisdiction to hold trial in camera. Trial can be held in jail. it is very clear that Art. 21 contemplates procedure established by law .The trend of decisions of the Court has clearly indicated that the procedure must be fair and just. Even expeditious trial has been considered to be a part of the guarantee under Art. 21. Undisputedly the procedure established by law as indicated in Art. 21 is as provided in s. 327 Cr.P.C. and unless on facts it is established that what is provided in s.327 was prevented or was not permitted,it could not be said that merely because trial was held at a particular place it could be said to be a trial which was not open to public. .
COMPARATIVE CONSTITUTIONAL POSITION: The right to a public trial is not one of the
guaranteed rights under our Constitution as it is under the 6th Amendment of the American Constitution which secures to persons charged with crimes a public, as well as a speedy,trial. Even under the American Constitution, the right guaranteed by the 6th Amendment is held to be personal to the accused, which the public in general cannot share.
PURPOSE OF PUBLIC TRIAL : If the primary function of the trial is to do justice in causes
brought before it, then on principle, it is difficult to accede to the proposition that there can be no exception to the rule that all causes must he tried in open court. If the principle that all trial before courts must be held in public was treated as inflexible and universal and it is held that it admits of no exceptions whatever, cases may arise where by following the principle, justice itself may be defeated. Public trial of causes is a means, though important and valuable, to ensure fair administration of justice; it is a means. not an end. It is the fair administration of justice which is the end of judicial process, and so, if ever a real conflict arises between fair administration of justice itself on the one hand, and public trial on the other, inevitably, public trial may have to be regulated or controlled in the interest of administration of justice.
CONCLUSION: . As soon as a trial is held whatever the place may be the provisions of s. 327 are attracted and it will be an open Court and every citizen has a right to go and unless there is evidence or material on record to suggest that on the facts in this particular public at large was not
permitted to go or someone was prevented from on the facts in this Particular case attending the trial or that the trial was in camera.