Technology as much a part of legal system as law book: SC tells HCs not to deny hybrid hearings

It also directed the high courts to put in place the standard operating procedures (SoP) for availing access to hybrid or video conferencing hearings in four weeks.

The Supreme Court on Friday told all high courts to ensure that no member of the Bar is denied access to video conferencing facilities or hearing through hybrid facility, as technology is as much a part of the legal system as law books.

A bench led by Chief Justice of India (CJI) D Y Chandrachud said that all judges in the country have to realise that technology is no longer a matter of choice and technology is part of the legal system.

The court said that after a lapse of two weeks, no high court should deny access to video conference facility or hearing through hybrid facility to any Bar member.

The bench expressed its disapproval of the judges at the Bombay High Court being averse to use of hybrid mode of heading.

“We have been informed that Bombay High Court has disbanded all the video equipment from the high court. No hearings are taking place through the video conferencing platform. Why the high court in one of the premiere financial centres of the country so retrograde on technology, tell us that," the bench said, rapping Maharashtra Advocate General Birendra Saraf.

The officer said facilities are available in courtrooms and have not been disbanded.

However, the bench, also comprising Justices J B Pardiwala and Manoj Misra, pointed out except, Justice Gautam Patel, nobody else uses the hybrid mode and the video conferencing.

"Why would not the other judges adopt the same technology? What is the aversion to use the technology,” the bench asked.

The bench said the Bombay High Court is in the premiere financial centre of the country and surely, it must become something consistent with the march in technology.

“We can’t say that we are over 150 years-old, we will still perform our functions as we did 150-years ago,” the bench said.

The bench said somebody wrote to him that one of the young lawyers was sitting in the court and she was told by the judges’ usher to stop using the iPad.

"Somebody who is using the iPad in the court is not watching a movie. They are using the iPad to use liquid text or assist a senior….we should not be telling lawyers to shut down their iPads or their laptops when they come to court," the bench said.

"We should have internet in the courtroom and high courts must have internet facilities on the court premises, as it is available across the apex court," the bench said.

The bench expressed disappointment as many high courts have failed to provide adequate facilities for video conferencing despite funds being allocated by the Centre for the same.

The bench said every high court must make video conferencing facilities available and no judge in the high court shall decline hybrid hearings.

The bench also said that the Allahabad High Court was a complete offender and its infrastructure had been completely shut down, and pointed out that Kerala and Orissa have been faring better in comparison to other high courts in adapting to technology.

The matter before the top court arose out of a plea by advocate Sarvesh Mathur against the Punjab and Haryana High Court's decision not to allow video conferencing for which the entire infrastructure has been created during Covid-19 pandemic.

The bench then decided to examine the availability and use of facilities in all HCs and tribunals across the country.