6 Oct 2023 9:59 AM GMT
The Supreme Court on Friday (06.10.2023) directed all High Courts to ensure that no member of the bar is denied access to video conferencing facilities or hearing through hybrid facility. The Apex Court has given all High Courts two weeks' time to comply with its order.
"After the lapse of two weeks from this order, no High Court shall deny access to video conference facility or hearing through hybrid facility to any member of the bar." the Court ordered.
The bench of Chief Justice DY Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra issued several additional directions with regard to video conferencing facilities across High Courts and Tribunals.
The Court directed the High Courts to ensure that adequate internet facilities including Wifi are made available free of charge to all advocates and litigants appearing before the High Courts. The Apex Court also said that links available through Video Conferencing must be made available in the cause list of the concerned court and that there should be no requirement to make a separate application to appear through virtual mode. The Court also directed all High Courts to put in place a Standard Operating Procedure (SOP) for litigants to avail access to hybrid/video conferencing hearings within four weeks.
The bench also expressed concerns about low internet connectivity in North eastern states, which is preventing HCs in these states from providing video conferencing facilities. Accordingly, the Court directed the Union Ministry of Information Technology to ensure internet connectivity is made available to all courts in North East to ensure access to online hearings.
Chief Justice expresses anguish at many High Courts disbanding hybrid system
During the hearing CJI Chandrachud expressed his disappointment in many High Court that have failed to provide adequate facilities for video conferencing despite funds being allocated by the Union for the same. "The government of India has forwarded Rs700,000 crores but I'm sorry to say that some High Courts are tech indifferent. I have been pushing the Chief Justices,” he said. “Every high court must make available video conferencing facilities. No judge in the High Court shall decline hybrid,” the Chief Justice said.
The CJI said that judges have no option but to adapt to technology, moving forward. “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.
CJI criticises Allahabad, Bombay High Courts
The Chief Justice pulled up certain High Courts for being tech indifferent. “Allahabad High Court is a complete offender. The infrastructure has been completely shut down”, he said. He also expressed his disappointment in Bombay High Court disbanding its video conferencing infrastructure. “Why has Bombay HC disbanded? In a city like Bombay, travel is also so difficult. Technology is not a matter of choice. Technology is as much a part of our legal system as much as law books. Without technology, how do we function?” he said.
The CJI pointed out that Kerala and Orissa have been faring better in comparison to other High Courts in adapting to technology. “Kerala is one of the better High Courts when it comes to technology... it's also about the interest taken by the judges”, he said. “Orissa is basking in all the good work that Justice Muralidhar did - but the work has to continue now”, he added.
Tribunals should also allow hybrid hearings
The Court also enquired about virtual hearing facilities in Tribunals across the country. Additional Solicitor General KM Nataraj informed the Court that the National Consumer Disputes Redressal Commission (NCDRC) has been holding hybrid hearings and that the National Green Tribunal (NGT) has been holding hybrid hearing in Delhi and its regional benches. However, it was pointed out that the National Company Law Tribunal (NCLT) requires certain additional infrastructure.
Accordingly the Court directed that a meeting of the Ministry of Corporate Finance be held with president of National Company Law Appellate Tribunal (NCLAT) in the next week and a similar meeting be held with the NCLT chairperson within a period of two weeks.
“NCLT and NCLAT shall ensure that all steps are taken to ensure that hybrid hearings can be held at the option of the litigant no later than 4 weeks,” the Court directed.
The Court was hearing a writ petition which was filed against the Punjab and Haryana High Court disbanding hybrid hearing options. Last month, the bench led by CJI sought status reports from all High Courts regarding the status of hybrid hearings.
Chief Justice of India DY Chandrachud is a vocal supporter of hybrid hearings. In February 2023, while hearing another petition seeking virtual hearings, CJI Chandrachud had expressed in the open court his anguish at various High Courts disbanding virtual hearings, despite making huge investments in the e-courts infrastructure.
In May 2023, CJI Chandrachud said that he had written to all Chief Justices regarding the status of hybrid hearings.
Case Title : Sarvesh Mathur v. The Registrar General of Punjab and Haryana High Court| W.P.(Crl.) No. 351/2023