Coronavirus: SC issues guidelines for hearings through video conferencing across courts during COVID-19 pandemic

In view of the COVID-19 pandemic, the Supreme Court on Monday authorised all the courts to adopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies.

It said court hearings in the congregation must necessarily become an exception during this period of lockdown imposed since March 25 to contain the spread of Coronavirus.

A bench of Chief Justice S A Bobde and Justices L Nageswara Rao and D Y Chandrachud issued directions under Article 142 (power to do complete justice) of the Constitution to ensure that the judiciary rose to face the unique challenge presented by the outbreak of the disease.

"Faced with the unprecedented and extraordinary outbreak of a pandemic, it is necessary that courts at all levels respond to the call of social distancing and ensure that court premises do not contribute to the spread of coronavirus. This is not a matter of discretion but of duty," the bench said.

The top court on Sunday registered a Suo Motu case 'In Re Guidelines for court functioning through video conferencing during COVID-19 pandemic".

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On Monday, it heard Attorney General K I Venugopal, Solicitor General Tushar Mehta and senior advocate Vikas Singh, who wrote a letter to the CJI to adopt to introduce compulsory video conferencing for hearing certain types of matters, to issues orders including those related to the removal of technical glitches.

In its order, the bench noted that courts throughout the country, particularly at the level of the Supreme Court and the High Courts, have employed video conferencing for dispensation of justice and as guardians of the Constitution and as protectors of individual liberty governed by the rule of law.

The top court directed district courts in each state to adopt the mode of video conferencing prescribed by the concerned High Court. However, it said, "In no case shall evidence be recorded without the mutual consent of both the parties by video conferencing."

It said every High Court was authorised to determine the modalities, suitable to the temporary transition to the use of video conferencing technologies. It also ordered the concerned courts should maintain a helpline to ensure that any complaint on quality or audibility of feed could be communicated.

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Maintaining that Indian courts have been proactive in embracing technology, the bench said the Supreme Court and High Courts have already adopted measures to reduce the physical presence of

lawyers, litigants, court staff, para legal personnel and representatives of the electronic and print media in courts across the country and to ensure the continued dispensation of justice.