SC Bench led by CJI Bobde lays Guidelines for all Courts to carry on Judicial Work via Video Conferencing, Read Guidelines

Apex Court Bench of Chief Justice S A Bobde, Justices D Y Chandrachud and L Nageswara Rao today passed various directions in a suo moto case pertaining to Guidelines for the functioning of Courts via Video Conferencing during the COVID-19 lockdown.

Supreme Court Bench led by Chief Justice S A Bobde directed that National Informatics Centre, NIC officials in each State and UT shall assist and support state High courts in setting up video conferencing facility.

Reference to judicial precedent in State of Maharashtra v Dr. Praful Desai, 2003 Latest Caselaw 205 SC, was made on use of Video Conferencing Technology.

The Three Judge Bench highlighted the need for adopting tech-friendly options both during the lockdown but also afterwards.

The Supreme Court directed that it is important to perpetuate social distancing in light of the COVID19 Pandemic and that Video Conferencing and its modalities are an important step to ensure Rule of Law and preserve the Constitution,

Chief Justice SA Bobde shared that all measures shall be taken by Supreme court and High courts for complying social distancing guidelines.

The CJI bench, in its Order directed as follows:-

1. All measures that have been and shall be takenby this Court and by the High Courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful;
2. The Supreme Court of India and all High Courts are authorized to adopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies; and
3. Consistent with the peculiarities of the judicial system in every state and the dynamically developing public health situation, every High Court is authorised to determine the modalities which are suitable to the temporary transition to the use of video conferencing  technologies;
4. The concerned courts shall maintain a helpline to ensure that any complaint in regard to the quality or audibility of feed shall be communicated during the proceeding or immediately after its conclusion failing which no grievance in regard to it shall be entertained thereafter.
5. The District Courts in each State shall adopt the mode of Video Conferencing prescribed by the concerned High Court.
6. The Court shall duly notify and make available the facilities for video conferencing for such litigants who do not have the means or access to video conferencing facilities. If necessary, in appropriate cases courts may appoint an amicus-curiae and make video conferencing facilities available to such an advocate.
7. Until appropriate rules are framed by the High Courts, video conferencing shall be mainly employed for hearing arguments whether at the trial stage or at the appellate stage. In no case shall evidence be recorded without the mutual consent of both the parties by video conferencing. If it is necessary to record evidence in a Court room the presiding officer shall ensure that appropriate distance is maintained between any two individuals in the Court.
8. The presiding officer shall have the power to restrict entry of persons into the court roomor the points from which the arguments are addressed by the advocates. No presiding officer shall prevent the entry of a party to the case unless such party is suffering from any infectious illness. However, where the number of litigants are many the presiding officer shall have the power to restrict the numbers. The presiding officer shall in his discretion adjourn the proceedings where it isnot possible to restrict the number.

Attorney General KK Venugopal shared that the need to have a responsive viable system in place which may be accessed by lawyers pan India.

Couple of days ago on Friday only, Chairman of eCommittee of the SC Justice DY Chandrachud had held a meeting with Chairpersons of Computerisation Committees of High Courts on court hearing via VC.

Justice DY Chandrachud had enquired about the measures which have been initiated by the High Courts in their respective jurisdiction.

Following the declaration of 21-day lockdown on March 24, the Supreme Court in its own Jurisdiction had been hearing urgent matters through video conferencing.

Former Supreme Court Bar Association President, Senior Advocate Vikas Singh, had written to the CJI seeking amendment to SC Rules to provide video conferencing facility even after lockdown.