Thread by @barandbench

A three-judge bench of Chief Justice SA Bobde and Justices DY Chandrachud and L. Nageswara Rao
will shortly hear a suo motu case regarding courts functioning via virtual mode during the #COVID19 pandemic.
 
#SupremeCourt
#videoconferencing

The top court had taken suo motu cognizance of a letter written by senior advocate and former Supreme Court Bar Association (SCBA) president Vikas Singh, who has suggested measures for use of technology for conducting hearings in the courts.

SC observing “technology is here to stay”, had passed directions by exercising its plenary power under Article 142 of the Constitution & said that all the measures which shall be taken by the courts to reduce physical presence of stakeholders within its premises “will be lawful

Senior Adv Vikas Singh seeks to file an intervention application.

CJI allows the IA.

AG KK Venugopal: last order was on April 6. Final hearings have happened in Vc hearings too. This means virtual mode has proven successful for final hearings roo.

AG Venugopal: However there are tech glitches. If Justice Chandrachud can find the best platform available for video conferencing facility

Justice Chandrachud: tenders have been issued. This is to find a person to take care of the complete video conferencing facility of SC

Justice Chandrachud: For HC and District Court we will have a national tender so that a common virtual hearing platform can be there. Right now every hc is either on zoom, or Cisco or Vidyo.

Justice Chandrachud: we have appointed a committee of four High Court judges. That committee has formulated rules for #videoconferencing which was circulated of all the HCs. All suggestions were incorporated and model rules were formulated. 11 HCs have adopted the model rules

CJI: Mr Artorney, we propose to allow the HCs to frame their own rules for videoconferencing for themselves and trial courts. Situation like equipment or wifi differs from HC to HC. There is difference in degree of e-literacy among advocates too.

CJI: We want the Centre to give us access to Fibre optic networks which have been laid. Initially we thought you can give us a satellite and we could share the satellite space. But we were advised it was not a good idea. Fibre optic network is better for VC and exchange of data

CJI: However Fibre optic network is not in North East. So you can have a satellite for the North East. This network will help the HC and trial courts. This will help e filing of appeals from trial courts to high courts. This network needs to be made to the judiciary

AG: NIC has been dealing with this. NIC along with the Law ministry can take a call.

SC: Please arrange the meeting and we will only hear you. Justice Chandrachud is in touch with NIC. But you have to make a binding statement before us.

SC: We will pay the rent for the Fibre optic networks.

Justice Chandrachud: Once we are doing that as a pan India basis then some degree of financial help will be needed from Centre..parliamentary committee has submitted on a report on ecourts project.

SC: The report says the infrastructure needs to be upgraded.

AG: It should be seen that smartphones are enough to conduct such virtual hearings. Especially in the rural areas

CJI: some years ago Centre had promoted someone who had made tablets for 4,000 or 5,000. Such tablets will go a long way in helping the virtual court project.

AG: I was watching live streaming of proceedings from Madras HC. There was no glitch. Live streaming can be on your agenda so hearings can be seen across the India. This can be whichever cases.

CJI: for that you have to hear my version as I hear all the complaints.

Senior Adv Harish Salve: My client @reliancejio has the best optical fibre network

CJI: Let your client get in touch with the e-committee

J. Chandrachud: We are also looking to set up a e sewa Kendra in High courts. This will help lawyers who don't have the basic infrastructural facilities to have VC hearings. Centre might need to give financial assistance. There are 3,350 court complexes so we need 3,350 kendras

Senior Adv Singh: i am only concentrating on the Supreme Court. There should be a cubicle area in the annexe building where lawyers can attend to virtual hearings. Transfer plea and bail pleas can be heard by only VC. Media needs to be given separate kiosk to cover any proceeding

CJI: Media should have access to the output not the input.

Senior Adv Singh: Media will be saved from running around and flooding the court corridors.

Singh: Another library can be created in the SC annexe building where lawyers can wait for their cases.

SC: I will constitue a committee of some SC judges along with NIC and PWD people & SG Mehta. You can give suggestions to them. We will take some action after that.

Singh: The annexe building should be given solely to the Bar so that registry can use the new building. Lawyers can use the new building and avoid overcrowding in courts.

CJI: by our April 6 order we had issued certain directions in furtherance of our commitment to ensure delivery of justice. Direction was to bring about order in hearings conducted during COVID-19 pandemic. There has been a change of situation since April

CJI: VC hearings have been successful in providing access to Justice. However in para 6 we propose to substitute with the following: The VC in every HC and courts under it will be conducted by rules framed by that HC. Rules shall govern that HC , trial courts.

CJI: rules will cover appellate proceedings as well as trial. We understand that several HCs have framed rules already. Those who have not shall do so, and till they don't, they adopt the rules provided by the CJ of the HC.

AG: will you say something on live streaming?

SC: Not publicly...

SG Mehta: people will file petitions only to be heard all across the country.

CJI: We will take decision soon on this.

Senior Adv Singh: please hear the SC matter too..may be after Diwali

CJI: Okay

Supreme Court allows High Courts to frame own rules for virtual hearings, says media access "should only be for output and not input"
#SupremeCourt
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