Subordinate courts bound to follow order permitting virtual hearing on request, Delhi HC

The Delhi High Court Thursday directed all subordinate courts here to strictly comply with its order permitting hybrid or virtual hearings at the request of parties and made it clear that the judicial officers can't disobey it.

A bench headed by Justice Vipin Sanghi, which was hearing an application concerning the compliance of the high court's direction, stated that all district courts in the national capital are bound to comply with its order.

“When there is an order (by the high court), it should not be that one-off judicial officer is saying that I will go my way,” said the bench which also comprised Justice Jasmeet Singh.

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“This high court has already issued directions with respect to the system of hearing of matters before the district courts. We make it clear that all subordinate courts falling in all districts of Delhi are bound to comply with the same. It can't be that any judicial officer decides to not obey the said order and deny a request for a hybrid hearing in any matter listed before them. We, therefore, direct all subordinate courts in Delhi to strictly adhere to the orders till they remain in force,” the court ordered.

In its order issued on August 12, the high court had said that even on physical hearing days, the subordinate courts will permit hybrid/video conferencing hearing when a request to such effect is made by any of the parties.

The order issued on October 29 also reiterated that the subordinate courts will permit a hybrid/video conferencing hearing whenever a request is made by any party.

Counsel appearing for the high court authorities said that the aspect of requisite infrastructure for the labour and industrial courts is being looked into and the judicial officers are holding virtual courts.

An effort is being made and in some cases, the judicial officers are using their private devices to facilitate virtual hearings, he said.

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The application before the court formed part of a petition by lawyer Anil Kumar Hajelay seeking various prayers including conducting hybrid hearings in district courts on physical hearing days because of the Covid-19 threat.

The application filed by Hajelay had said despite the high court's directions passed on the administrative side that the district courts shall permit hybrid and video conferencing hearing facilities, the subordinate courts were not complying with it.

The lawyer had claimed that even when advocates are making such a request, permission was not being granted by some of the trial court judges.

While issuing notice on the application, the court had said the courts are bound to follow the directions passed by its full-court which permitted trial courts to hold hybrid or video conferencing hearings at the request of parties.

The court had earlier said there was an apprehension of a rise in Covid-19 cases and the infrastructure for hybrid hearings in district courts and other quasi-judicial bodies here must be in place.

The court had earlier sought to know the exact time when the system would be set in place in the trial courts, saying that the purpose of the exercise was to ensure that no inconvenience is caused to advocates and litigants in case a third wave of Covid-19 pandemic comes.

It had made it clear to the Delhi government that if the proposal to set up infrastructure for hybrid hearings in trial courts and quasi-judicial bodies is turned down on grounds of expenditure, it will examine expenses incurred by it on subsidies and public advertisements from April 2020.

The court had in March asked its Registrar General to assess the infrastructural requirements at the earliest to facilitate hybrid hearings in the trial court and forward the details to the Delhi government.

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