In a move aimed at tightening procedural discipline in online proceedings, the Gujarat High Court has issued a Revised Standard Operating Procedure (SOP) for virtual and hybrid hearings, mandating the use of a “waiting room” feature for all participants and warning that “failure to comply with the above directions, shall invite contempt of Court proceedings.”
The revised protocol, notified on Thursday by the Registrar General, follows directions issued by the Court in its suo motu contempt proceedings. The case arose after an incident where a participant was observed attending a hearing from a toilet seat, prompting the Bench to consider measures against misbehaving participants in virtual hearings.
The circular records that the Court had first introduced hybrid hearings in June 2023 on a pilot basis for designated courts. The system was later expanded to all Division Benches, Single Judge Benches, and Larger Benches from September 29, 2023. The present revision supersedes the earlier SOP and incorporates directions approved by the Chief Justice and the Full Court.
As per the revised SOP, participants in virtual or hybrid hearings will receive the joining link through the daily cause list, which will also be available on the High Court’s case status portal, official Telegram channel, and via email to advocates and parties-in-person. Upon clicking the link, they will be directed to a virtual waiting room, from which the Court Master will admit them after verifying their details.
To streamline entry and prevent disruption, the SOP requires participants to set their display name with the serial number of their matter, followed by their exact name as listed in the cause list. Participants who do not follow this format will not be admitted. The Court Masters are also empowered to remove any participant who behaves indecently or does not conduct themselves befitting the decorum of the Court using the ‘Remove function'.
The SOP prescribes strict standards of professional conduct. Advocates are required to appear in proper professional attire, failing which the Court may withdraw their right of audience. Parties-in-person are likewise expected to dress appropriately. The revised protocol affirms that online proceedings constitute “judicial proceedings for all purposes,” and that all protocols applicable to physical courtrooms apply with equal force in the virtual setting.
Participants are required to join the proceedings from a quiet and appropriate location, such as an office or residence, and “not from a vehicle like a car etc.” Cameras must remain switched on throughout, with individuals expected to “endeavour to look into the camera, remain attentive and not engage in any other activity.” Mobile phones not being used for the hearing must be turned off or placed in airplane mode. Microphones are to remain muted except when a matter is called, with the Court Master authorised to mute any participant causing disturbance. The SOP expressly prohibits the recording of proceedings, subject to the Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021, and allows restrictions in in-camera matters.
The circular reiterates that participants must “present themselves in a manner befitting the majesty and decorum of the Court and they shall exhibit disciplined behavior in virtual hearing". It also stated, "they shall not leave such place and wander/roam with the instrument/device during the virtual hearing.” It also places a responsibility on advocates to ensure that their clients are made aware of and adhere to these obligations.
The High Court has made clear that disregard of these directions will have serious consequences. As the circular warns, “Failure to comply with the above directions, shall invite contempt of Court proceedings.”
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