Moving Towards Virtual Courts

What is the issue?

• Amidst the national lockdown, the Supreme Court and several other courts have been holding virtual proceedings.
• This has triggered a rethink on the nature of judicial processes and judicial administration.

What are the concerns raised by the Bar Association?

• The Supreme Court Bar Association (SCBA) has written to the CJI and other judges.
• They called for earliest restoration of the open court hearings, subject of course to the lockdown ending.
• They cited the earlier judgments on the importance of open court hearings.
• The SCBA has requested that the use of video conferencing should be limited to the duration of the current crisis.
• They spelt that this should not become the “new normal” or go on to replace open court hearings.
• The SCBA also has a specific request that proceedings held virtually may also be streamed live.
• This will ensure that access is not just limited to the lawyers concerned, but is also available to the litigants and the public.

How would live streaming help?

• Advocates appearing in a particular case are now barred from sharing the passwords given to them to join the proceedings through video conference.
• It is theoretically possible for the parties to join their lawyers during the hearing.
• But in practice, they may be unable to travel to their offices.
• Media access is also limited.
• These issues can be resolved through live-streaming.

What is the higher judiciary's opinion?

• A three-judge Bench headed by the CJI, in a recent order, laid down broad norms for courts using video-conferencing.
• It also ratified the validity of virtual judicial proceedings.
• Present Chief Justice of India S.A. Bobde emphasised that virtual courts are open courts too.
• So, one cannot describe them as closed or in camera proceedings.
• He said that the correct way of framing the difference was to call them virtual courts as distinct from “courts in congregation”.

What is the way forward?

• Two aspects are not in dispute:
  1. the vital necessity to keep the courts open even during a national lockdown so that access to justice is not denied to anyone
  2. the need to maintain physical distancing
• It must be understood that virtual hearings are no different from open court conversations, provided access is not limited.
• The court administration should thus readily address the concerns raised by the SCBA with regards to the shortcomings.
• In the longer term, the changes could become the general practice, signalling a move away from the idea of open courts.
• As technology use is stepped up, courts should consider other steps that will speed up the judicial process and reduce courtroom crowding.
• In the lower courts, evidence could be recorded, with the consent of parties, by virtual means.
• In the higher courts, a system based on advance submission of written briefs and allocation of time slots for oral arguments can be put in place.
• It may even lead to more concise judgements.
• The opportunity offered by the lockdown to improve the judicial process must thus be utilised well.

Source: The Hindu