New Delhi: The Supreme Court remarked that virtual court hearings cannot be expected as a norm and courts have been functioning virtually owing to the pandemic. The apex court made the remarks on Friday while hearing a plea seeking consideration of virtual court hearing as a fundamental right.
The petition was filed by former IPS Julio Ribeiro and former information commissioner Shailesh Gandhi. The petitioners urged for the continuation of virtual courts saying that those courts can be accessed by people from anywhere in the country.
The bench led by Justice L. Nageswara Rao observed that the option of hybrid hearing has been given but hardly any lawyer ever turns up for arguments as they have become very comfortable with arguing in the comfort of their offices. "We miss you arguing here in courts, arguing looking at our eyes and not screen, is more asserting," said J. Rao.
The court said that judges have to hear the cases through courtrooms and advocates are arguing from Mussourie, Goa. "Normalcy has to return and courts have to function," said Justice Rao, while adjourning the plea. Justice Rao also said that it has been one and half years and yet there is no proper system established.
Advocate Manoj Swarup appearing for the petitioners said that the option of virtual hearing should be there, rather than closing down. He added that justice is accessed at a much lower cost when cases are heard virtually.
"People in rural areas will not come to Delhi. They have facilities of courts spread across the length and breadth of the country. They will go there," said Justice Rao.
Advocate Swarup pleaded to sustain the hybrid option. However, judges said that there are problems with virtual courts not only from the court's side but also from the lawyers' side.
On October 7, the top court issued new Standard Operating Procedure (SOP) wherein cases on Wednesday and Thursday will be heard in physical mode and three lawyers per party will be allowed inside the court rooms and clerks are allowed to carry files up to the courts. The court will be closed for Dussera vacation from October 11 to October 17. SOP will be in place after reopening of court on October 18.
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