LI Network
Published on: October 6, 2023 at 15:53 IST
The Supreme Court of India has directed all High Courts to guarantee that members of the bar are not denied access to video conferencing facilities or hybrid hearings. The Apex Court has given a two-week deadline for High Courts to comply with this order.
Chief Justice DY Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, issued several additional directives regarding video conferencing facilities in High Courts and Tribunals.
The Court mandated that High Courts should provide free WiFi and adequate internet facilities to all advocates and litigants appearing before them. Video conferencing links must be made available in the cause list of the respective court, eliminating the need for separate applications to appear virtually. Additionally, High Courts are required to establish a Standard Operating Procedure (SOP) within four weeks for litigants to access hybrid and video conferencing hearings.
The bench expressed concerns about low internet connectivity in North-eastern states, impeding the provision of video conferencing facilities in those regions. Consequently, the Court directed the Union Ministry of Information Technology to ensure internet connectivity is available in all courts in the North East to facilitate online hearings.
During the hearing, Chief Justice Chandrachud expressed disappointment with High Courts that failed to provide adequate facilities for video conferencing despite government funding. He emphasized that every High Court must make video conferencing facilities available and that no judge should decline hybrid hearings.
The Chief Justice stressed the importance of judges adapting to technology, asserting that it is an integral part of the legal system. He criticized certain High Courts, such as Allahabad and Bombay, for being “tech indifferent” and shutting down video conferencing infrastructure. He contrasted this with Kerala and Orissa, which have excelled in adopting technology.
The Court also inquired about virtual hearing facilities in Tribunals across the country. It was noted that the National Consumer Disputes Redressal Commission (NCDRC) and the National Green Tribunal (NGT) have been conducting hybrid hearings, but the National Company Law Tribunal (NCLT) requires additional infrastructure.
The Court directed meetings with relevant authorities to ensure hybrid hearings are available to litigants within four weeks.
This directive from the Supreme Court comes in response to a writ petition filed against the Punjab and Haryana High Court’s discontinuation of hybrid hearings.
Chief Justice Chandrachud has been a vocal advocate for hybrid hearings, expressing his concerns about High Courts disbanding virtual hearings despite significant investments in e-court infrastructure.
The Supreme Court’s decision emphasizes the importance of technology adoption in the legal system and aims to ensure equitable access to justice through hybrid and video conferencing hearings.
Case Title: Sarvesh Mathur v. The Registrar General of Punjab and Haryana High Court
