Supreme Court mandates virtual hearings as default during pandemic

It matters to citizens because it legitimizes virtual hearings, mandates that courts provide access for those without technology, and sets rules for how evidence and arguments are handled to ensure justice continues while maintaining social distancing.

Who it concerns: The Supreme Court of India, all High Courts, District Courts, judges, litigants, lawyers, court staff, and the general public seeking access to the judicial system.

What the document says

• All measures taken by the Supreme Court and High Courts to reduce physical presence in court premises are deemed lawful.
• Supreme Court and High Courts are authorized to use video conferencing technologies for judicial functioning.
• High Courts are authorized to determine specific modalities for video conferencing based on local conditions.
• Courts must maintain a helpline for complaints regarding video feed quality or audibility; grievances not raised during or immediately after proceedings will not be entertained.
• District Courts must adopt the video conferencing modes prescribed by their respective High Courts.
• Courts must provide video conferencing facilities to litigants who lack the means or access to do so themselves, potentially appointing an amicus-curiae if necessary.
• Until specific rules are framed, video conferencing is mainly for hearing arguments; evidence cannot be recorded via video conferencing without the mutual consent of both parties.
• Presiding officers have the power to restrict entry to courtrooms to limit the number of people present, but cannot prevent a party from entering unless they are suffering from an infectious illness.

Also in the document

• The Court cited the precedent 'State of Maharashtra v Praful Desai' (2003) to establish that video conferencing is a valid method for recording evidence and conducting proceedings.
• The order states that court hearings in congregation must become an exception during the pandemic period.
• The directions are issued under Article 142 of the Constitution of India and shall operate until further orders.
• The matter was listed for review after four weeks.