Last Updated on October 6, 2023 by News Desk
Supreme court recently observed that no bar member shall be denied the request of a video conference hearing through hybrid mode and gave the time period of 2 weeks to comply with the order. It further ordered to provide free Wi-Fi facilities to all members.
“After the lapse of two weeks from this order, No judge shall decline a request for video conferencing, every high court must make available video conferencing facilities. Do not tell me lawyers do not want it,” the CJI said
The bench comprising Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra was hearing the petition filed against the termination of hybrid hearing options in Punjab and Haryana High Court. Earlier the CJI sought reports from all high courts regarding the status of hybrid hearing.
The court on Friday expressed its disappointment regarding the disbanding of video conferencing facilities and the failure to provide online facilities in many high courts despite the proper funds allocation. It questioned that when Supreme Court judges have adapted to the hybrid hearings, why High Court judges were reluctant to do it. “Technology is no longer a matter of choice and it is as needed as law books. Without technology how will the courts function,” it remarked.
CJI contended that technology has to be accepted by the judges for the smooth functioning of courts. There is no other option. “The question is not whether a particular judge is tech-friendly or not. If you want to be a judge you have to be tech friendly. It’s like how a judge cannot say that I don’t know what res judicata is…Every judge in the system has to be trained,” he said.
The court also noted the issue of low internet connectivity in northeastern areas making it difficult for the courts in these states to work in online mode. the Court directed the Union Ministry of Information Technology to ensure internet connectivity is made available to all courts in Northeast to ensure internet connectivity is made available to all courts in Northeast to ensure access to online hearings.
The court further directed high courts to abide by the directions and place a Standard Operating Procedure (SoP) in place within a month. In this regard, the Court requested the Delhi High Court Judge Justice Rajiv Shakdher to prepare an e-SOP with Amici Curiae for circulation among High Courts.
The bench also passed the other directions-
- Mr Gaurav Agarwal and Mr K Parmeshwar, counsel as Amici Curiae, are requested to collate the information in the affidavits. They may distribute the work in the HCs between them. They may coordinate with Registrars (IT and General) for the necessary information to be placed before this Court.
- Within two months of this order, no litigant shall be deprived of hearing through hybrid mode. State governments to provide necessary infrastructure within the time-frame indicated above. Adequate facilities like WiFi be made available free of charge to Advocates and litigants appearing before the HC.
- Links available for accessing the hybrid mode hearings shall be made available in the causelists without prior applications. No HC shall impose age requirements for accessing online hearings.
- High Courts shall abide by and place an SoP within 4 weeks to effectuate the purpose of this case. We request Mr Rajiv Shakdher (Delhi HC judge) to prepare an E-SOP with ld Amicii to be circulated to all the HCs in advance for uniform for VC/hybrid hearings.
- All HCs shall comply with these directions towards litigants and members of the Bar. They shall provide a list of VC licenses and infrastructure in place, including the northeastern HCs.
Case Title: Sarvesh Mathur v. The Registrar General of Punjab and Haryana High Court
Written by Shagun Behal
