Virtual courtroom is difficult, says Indu Malhotra as video link breaks in middle of hearing

A Supreme Court judge on Monday expressed her dissatisfaction with the functioning of virtual court after video link broke down during the hearing of a matter.

"Virtual courtroom is difficult" said Justice Indu Malhotra as the bench had to hear a petitioner over a WhatsApp call.

Justice Malhotra was sitting in a bench presided over by Justice R Banumathi and comprising Justice Aniruddha Bose.

After the case discussion among judges, Justice Malhotra suggested that 40 matters can be easily heard by the bench instead of 20, that were listed before the bench.

She further suggested that each counsel should argue and leave the courtroom.

On this, Justice Bhanumathi said, "I will talk to the Chief Justice."

The top court has been conducting hearing through video conferencing in urgent matters since March 23, in an effort to contain spread of Covid-19 pandemic.

Instead of regular hearings system, the top court resorted to hearing through video conferencing to adhere to social distancing norm, mandatory to check spread of infection. It was akin to open court with access to media as well.

It was contended that the virtual courts system could not be said to be negating the principles of fairness that were sacrosanct to the administration of justice nor was it failing to adhere to requirements of an ‘open court’ system.

On April 6, the top court passed a Suo Motu order authorising all the courts in the country to adopt measures required to ensure robust functioning of the judicial system through the use of video conferencing technologies.