Supreme Court issues notice in petition seeking retention of hybrid hearings to enable access to justice

A Supreme Court bench of Justices Nageshwar Rao and Gavai today issued notice in a writ petition filed for seeking retention of hybrid mode of hearing in courts to enable right to access to justice for public at large.

The petition which sought virtual hearing as a fundamental right was filed  by an organisation called  “the National Federation of Societies for Justice.” Manoj Swarup, Senior Advocate, who appeared for the petitioners argued that hybrid hearings were being sought by the citizens such as Julio Robello and RTI activist Shailesh Gandhi and not by the lawyers.  He further argued that hybrid mode be considered a part of right to access to justice by citizens.

The bench remarked that virtual hearing cannot be a norm as it was the off shoot of the extraordinary crisis created by COVID-19 pandemic. The bench further remarked that while public have the right to witness court hearing online, it cannot exactly be said that they have the right to virtual hearings.

Justice Nageshwar Rao remarked that the petitioners should be told about the principles of open courts and open justice. He further said that they want the courts to be open to public again.  He further informed the petitioners that despite making physical hearing optional, the lawyers haven’t turned up to court. He said “Do you want the building in which we are sitting be closed because of virtual hearing?”

Justice Gavai intervened and  said “Hybrid options means judges sit here and lawyers appear from London, Mukteshwar, Goa etc”  Swarup argued that virtual hearings allow citizens to access justice at a lower cost when compared with coming to the Supreme Court, he further submitted that the court in some judgments has held that access to justice is a part of right to life.

It is to be noted that the Supreme Court on 07.10.2021 issued a modified Standard Operating Procedure (SOP) according to which all matters listed on Wednesday and Thursday would be heard only in physical presence of the counsels and parties in court room.

The Bench issued notice returnable in 4 weeks along with suggestions on how to lay down norms for virtual hearings in exceptional cases. This case has now been tagged with an earlier petition filed by All India Association of Jurists.

Case Title : National Federation of Societies for Faster Justice and others versus High Court of Uttarakhand and others