Source: Supreme Court

Why in News?

A three-judge bench of Chief Justice DY Chandrachud, Justice J.B. Pardiwala and Justice while discussing the directions for hybrid hearing of cases said that the problem is compounded by the absence of a uniform Standard Operating Procedure (SOP) for accessing electronic mode of hearing.

• The Supreme Court gave this observation in the case of Sarvesh Mathur v. The Registrar General of Punjab and Haryana High Court.

What is the Background of Chandra Pratap Singh v. State of MP?

• The SC is having multiple hearings upon allowing hybrid hearing of cases in HCs.
• On 15th September 2023, notice was issued to the Registrars General of all the HCs, the National Company Law Appellate Tribunal (NCLAT), the National Consumer Disputes Redressal Commission (NCDRC), and the National Green Tribunal (NGT).
• They were directed to file an affidavit detailing:
  • How many video conferencing hearings have taken place in the last three months; and
  • Whether any courts are declining to permit video conferencing hearings. Further, the Solicitor General was requested to assist the court with data on hybrid hearings in the tribunals under various ministries of the Union Government on the next date of hearing.
• As a response to the notice 15 HCs gave affidavits which reflected variations in the adoption of technology in each HC.
• The SC also discussed the abysmal number of hearings through video conferencing/hybrid mode due to lack of an SOP

What were the Court’s Observations?

• The SC said that an SOP is required for hybrid hearing of cases.
• It further mentioned the age restrictions in hybrid hearing by stating that “The arbitrariness of the existing SOPs is also borne out by rules such as hearing being allowed in hybrid mode for advocates/parties-in-person who are 65 years of age or above”.
  • The age restriction would unfairly disadvantage younger lawyers and restrict access to technology only in the hands of the seniors at the Bar. Such criteria do not bear any nexus to the aim of using technology to increase access to courtrooms.

What are the Court’s Directions for High Court to Ensure Hybrid Hearing?

• After a lapse of two weeks from the date of this order, no HC shall deny access to video conferencing facilities or hearing through the hybrid mode to any member of the Bar or litigant desirous of availing of such a facility;
• All State Governments shall provide necessary funds to the HCs to put into place the facilities requisite for that purpose within the time frame indicated above;
• The HCs shall ensure that adequate internet facilities, including Wi-Fi facilities, with sufficient bandwidth are made available free of charge to all advocates and litigants appearing before the HCs within the precincts of the HC complex;
• The links available for accessing video conferencing/hybrid hearings shall be made available in the daily cause-list of each court and there shall be no requirement of making prior applications. No HC shall impose an age requirement or any other arbitrary criteria for availing of virtual/hybrid hearings;
• All the HC shall put into place an SOP within a period of four weeks for availing of access to hybrid/video conference hearings. In order to effectuate this, Justice Rajiv Shakdher, Hon’ble Judge of the HC of Delhi is requested to prepare a model SOP, in conjunction with Mr. Gaurav Agrawal and Mr. K Parameshwar, based on the SOP which has been prepared by the e-Committee. Once the SOP is prepared, it shall be placed on the record of these proceedings and be circulated in advance to all the HCs so that a uniform SOP is 8 adopted across all the HCs for facilitating video conference/hybrid hearings;
• All the HCs shall, on or before the next date of listing, place on the record the following details:
  • The number of video conferencing licences which have been obtained by the HC and the nature of the hybrid infrastructure;
  • A court-wise tabulation of the number of video conference/hybrid hearings which have taken place since 1st April 2023; and
  • The steps which have been taken to ensure that Wi-Fi/internet facilities are made available within every High Court to members of the Bar and litigants appearing in person in compliance with the above directions.
• The Union Ministry of Electronics & Information Technology is directed to coordinate with the Department of Justice to ensure that adequate bandwidth and internet connectivity is provided to all the courts in the North-East and in Uttarakhand, Himachal Pradesh and Jammu and Kashmir so as to facilitate access to online hearings;
• All High Courts shall ensure that adequate training facilities are made available to the members of the Bar and Bench so as to enable all practising advocates and Judges of each HC to be conversant with the use of technology. Such training facilities shall be set up by all 9 the HCs under intimation to this Court within a period of two weeks from the date of this order; and
• The Union of India shall ensure that on or before 15^th November 2023, all tribunals are provided with requisite infrastructure for hybrid hearings. All Tribunals shall ensure the commencement of hybrid hearings no later than 15 November 2023.
  • The directions governing the HCs shall also apply to the Tribunals functioning under all the Ministries of the Union Government including Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Income Tax Appellate Tribunal (ITAT), NCLAT, National Company Law Tribunal (NCLT), Armed Forced Tribunal (AFT), NCDRC, NGT, Securities Appellate Tribunal (SAT), Central Administrative Tribunal (CAT), Debt Recovery Appellate Tribunals (DRAT)s and Debt Recovery Tribunals (DRTs).