Delhi Air Pollution: CJI Allows Virtual Hearing, Declines Full Online Shift For SC

As Delhi's air quality worsens, the Supreme Court advises virtual hearings and mask use for staff but resists implementing a complete virtual court system.

New Delhi:Against the backdrop of severe air pollution in the national capital, Chief Justice of India Sanjiv Khanna on Tuesday said all judges have been asked to allow virtual hearings wherever possible while turning down a request by senior lawyers to move the Supreme Court to a fully online system.

Supreme Court Bar Association (SCBA) president Kapil Sibal, referred to the worsening pollution in Delhi and NCR before a bench led by CJI and comprising Justice Sanjay Kumar. “We have told all the judges to allow virtual hearings wherever possible,” the CJI said. “Pollution is getting out of control,” said Sibal.

However, the bench did not allow the submissions that the apex court should go online. The bench made it clear that the lawyers have the option to appear online.

Sibal was supported by various lawyers that also included Solicitor General Tushar Mehta and Gopal Sankaranarayanan. Mehta said the apex court, as a matter of principle, should go virtual. “The way we are functioning today, if anybody wants to be online, they can go online," the CJI said.

Sankaranarayanan said thousands of lawyers come to the Supreme Court daily using their own vehicles. He added lawyers’ clerks also use personal vehicles often. "We will leave it to the lawyers concerned. We have given them that facility, whenever you want to appear virtually, you can," the CJI said.

Sankaranarayanan said GRAP-IV restrictions are implemented in Delhi-NCR and there are no such specific instructions for courts in the city. "You have the option; you exercise that option. We will accommodate everyone," said the CJI.

On Monday, the apex court, on the administrative side, issued a circular advising its staff to wear masks due to the alarming pollution levels in the national capital.

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