Virtual Hearing as Fundamental Right LAW INSIDER

Anushka Sharma –

Published on: November 29, 2021 at 17:40 IST

In the outstanding matter relating to access to hybrid courts and their declaration as a fundamental right, an Interim Application has been filed with the Supreme Court, naming the E-Committee of the Supreme Court of India as a necessary party.

According to the application, the idea, concept, and vision of Hybrid Courts came from the Supreme Court of India’s E-Committee, which had repeatedly written to the country’s High Courts to internalise the said mode of hearing by providing both virtual and physical access for cases heard by the High Courts.

The application goes on to say that hearing the opinions and knowing the position of the national E-Committee is critical in deciding the many constitutional problems presented in the Writ Petition.

The primary goal of forming the E-Committee at the national level, according to the application, is to ensure that the dispute resolution process is technologically equipped and that online modes are used for effective, expeditious, and efficacious adjudication of disputes pending before various Courts.

The All India Jurists Association filed the application, claiming that access to hybrid courts with virtual mode is a fundamental right guaranteed by the Constitution.

The Supreme Court of India has been lukewarm in its reaction to the petition, with Justice L. Nageshwar Rao of the Bench headed by him noting on the necessity of modifying a practise that has been in vogue for the past 70 years on the last date.

The Supreme Court has questioned the need for virtual access to courts when physical access is available, and the situation has returned to normal following the outbreak.

It should be mentioned that the Forum of Society for Fast Justice, former CIC Mr. Shailesh Gandhi, and top officer Julio Ribeiro have also filed a Petition. All of these Petitions have been set for a hearing on December 6, 2021. Senior Advocates Mr. Kapil Sibal, Mr. Siddharth Luthra, and V. Giri are representing the Petitioners in this batch of Petitions.

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