On Monday, modifying its directions in suo moto matter pertaining to guidelines for functioning of Courts via video conferencing during the lockdown passed on April 6th pertaining to the COVID-19 pandemic, the Supreme Court has now stated that the High Courts are allowed to formulate their own rules regarding the functioning of the Virtual Hearings as the situation has changed now.

The Special Bench comprising of Chief Justice of India SA Bobde, and Justice DY Chandrachud and Justice L. Nageswara Rao noted that the situation around the pandemic is different from April now.

It stated that the High Court's rules for Virtual Hearings would extend to trial matters as well as appellate proceedings.

The Bench thus noted:

"There has been a change in situation since April, 2020. In many States, the situation has eased and it has been possible to even commence hearings in congregation. We must say that the system of Video Conferencing has been extremely successful in providing access to justice".

The Top Court mentioned that several High Courts have framed their Rules already and those who have not, ""shall do so having regard to the circumstances prevailing in the State. Till such Rules are framed, the High Courts may adopt the model Video Conferencing Rules provided by the E-Committee, Supreme Court of India to all the Chief Justices of the High Court".

Making alterations to the April 6 order, it substituted sub-para (vii) of Paragraph 6.

During the course of hearing, Attorney-General KK Venugopal apprised the Court of the success of Virtual Hearings, while adding that there were, however, technical glitches.

He also suggested Justice Chandrachud who is also the Chairman of the E-Committee to find the best platform for the conduct of video conferencing.

In turn, Justice Chandrachud informed that tenders had been issued for the same. He stated:

"We have a national tender for High Court and District Court so that we can have a common virtual hearing platform. Now, we either have Zoom, Cisco or Vidyo. A Committee of 4 High Court judges has been appointed and they formulated rules which was circulated to all the High Courts. 11 High Courts have adopted the model rules", 

At this juncture, the CJI asserted the proposition that High Courts would be allowed to frame the rules for themselves as well as for Lower Courts taking in view the difference in resources and Wi-Fi differed from High Court to High Court and degree of difference in e-literacy amongst Advocates.

Discussing about the usage of fibre optic networks and satellites, the CJI mentioned:

 "Initially we wanted the Centre to give us a satellite, but we were advised that it was not a good idea and that fibre optic network would be better. However, as fibre optic network is not present in North-East, a satellite could be used there. This will help tremendously."

To this, the AG submitted that the National Informatics Centre (NIC) was dealing with the same. The CJI informed the AG that Justice Chandrachud was in touch with the NIC, but the Centre had to make a binding statement before the Court.

Further then, Justice Chandrachud explained on how some degree of financial help would be needed from the Central Govt once the project was initiated on a pan-India basis; a Parliamentary Committee had submitted a report on the E-Courts project and the report claimed that the infrastructure of the Courts needed to be upgraded.

The AG then informed the Court that smartphones, especially in rural areas, were enough to conduct hearings. He also mentioned that live hearing could be on the Court's agenda so that hearings could be witnessed across the country.

Senior Advocate Harish Salve, appearing on behalf of Reliance Jio, informed the Bench that they had the best optical fibre network and, was accordingly instructed by the Court to get in touch with the e-Committee.

Justice Chandrachud then said, "We are also looking to set up an e-Sewa Kendra in High Courts which can help lawyers who don't have the basic infrastructure for VC hearings. Centre will need to provide financial assistance. 3350 kendras will be needed for 3350 courts".

Senior Advocate Vikas Singh, who encouraged the Supreme Court to take suo moto cognizance of the instant matter via letter petition, then made submissions pertaining to infrastructural changes to the Supreme Court. He submitted:

"There could be a cubicle area in the annexe building where lawyers can attend the virtual hearings. Transfer and bail pleas can only be heard by VC. The Media needs to the given a separate kiosk for covering of proceedings and they will be saved from running around and flood the Court corridors. Another library can also be created where lawyers can wait", 

The Court inturn informed him that a Committee would be constituted, comprising of Supreme Court Judges, as well as people from NIC and PWD, and Solicitor-General Tushar Mehta, and the suggestions could be given to them.

Listing the matter for post Diwali break, the Top Court asked the Counsels to hope for a decision soon.

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