Introduction:
In a significant development, Chief Justice of India DY Chandrachud highlighted the importance of allowing lawyers unrestricted virtual access throughout court proceedings in a recent hearing. This observation came during the consideration of petitions seeking directives to ensure virtual access across all High Courts and Tribunals, especially after some discontinued hybrid hearing facilities post-COVID-19. Notably, a previous bench led by CJI had directed all High Courts to provide virtual hearing facilities and appointed amici curiae to address related challenges.
Arguments:
Lawyers expressed concerns about limited virtual access, emphasizing the need for open access to court proceedings. One lawyer raised the issue of some High Court benches restricting access only to specific cases. CJI acknowledged these challenges and proposed adding open access as a directive. Additionally, the discussion touched upon the petition seeking to declare virtual hearings as a fundamental right, with CJI emphasizing the need for practical infrastructure upgrades rather than mere declarations.
Amicus Curiae’s Role:
The amici curiae, Gaurav Aggarwal and Parmeshwar, played a crucial role by preparing a comprehensive report on the video conferencing facilities in various High Courts. They conducted virtual meetings with authorities, submitted a detailed note on deficiencies, and circulated model rules for hybrid hearings. The amici highlighted the importance of upgrading infrastructure and addressing issues such as Wi-Fi facilities, audio-video synchronization, and provisions for virtual mentions.
Court’s Directives and Concerns:
Previous directives emphasized providing internet services, including Wi-Fi, to advocates and litigants participating in High Court proceedings. The court mandated the inclusion of video conferencing links in the cause list and instructed the establishment of a Standard Operating Procedure (SOP) for hybrid/video conferencing hearings. Concerns were raised about insufficient internet connectivity in North Eastern states, prompting the Ministry of Information Technology to ensure accessibility to online hearings in the region.