Deeply disturbed that some CJs are disbanding all the infrastructure that we created for online hearing: CJI Chandrachud
"All Chief Justices have to now learn that technology is the way forward. They have to be on board", the CJI further remarked.
The Chief Justice of India Justice DY Chandrachud today expressed his deep displeasure over the actions of a few Chief Justices of High Courts who have disbanded the infrastructure that was created for online hearings when the COVID-19 pandemic had hit the country.
"This is public money. Their notion is- we come for physical hearings, lawyers must also come...", a visibly upset CJI remarked today.
He added that all Chief Justices have to now learn that technology is the way forward. They have to be on board, this is why we have made E-SCR free of charge, the CJI added.
These observations came to be made by the Top Court while hearing a writ petition seeking a declaration that the right to participate in court proceedings via video conference is a fundamental right.
At the outset, CJI asked BCI Chairperson Manan Kumar Mishra to get a response from bar councils for states on the plea.
"Technology must not become a problem for people. Supreme Court will have a consultation or conferences/meetings with these bar councils", the bench said.
As the hearing progressed, CJI Chandrachud added that in phase 3 of the e-courts' project, the Top Court was reaching out to service centres at taluka levels.
"You may not take interest in technology, but you must work towards the access to justice mission. Technology was not just for the pandemic, its the future...", he added.
Accordingly, the bench said that it would pass broad orders on the issue.
In September 2021, the Supreme Court had issued notice to the Central Government, four High Courts, the Bar Council of India (BCI) and Supreme Court Bar Association (SCBA) in the instant plea filed by an organization of lawyers called "All India Association of Jurists", and legal journalist Sparsh Upadhyay.
The High Courts whose responses were sought included those at Uttarakhand, Bombay, Madhya Pradesh, and Kerala.
The plea was filed specifically challenging the August 16, 2021 notification issued by the Uttarakhand High Court to revert to full physical functioning from Aug 24 to the exclusion of virtual mode of hearing cases completely.
The plea also sought a direction restraining all High Courts from denying access to lawyers through the virtual mode of hearing on the ground of availability of the option of physical hearing.
The plea filed through Advocate Sriram Parakkat and drawn by Advocates Siddharth R Gupta and Prerna Robin stated that Uttarakhand High Court’s concerned notification is a death knell for justice, because as observed by the E-Committee of Supreme Court, the very idea of virtual courts is an accessible, affordable justice in the country.
Case Title: All India Association of Jurists and another vs. High Court of Uttarakhand and others