GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING
- Adoption of measures with regards to social distancing continues on a very serious note in the country and the Indian Judiciary has taken cognizance of the same by interceding and putting in place certain directions with regards to its functioning.
- One’s access to justice still remains fundamental as envisaged by the principles of democracy as laid down by the Constitution of India.
- It is of utmost importance to ensure compliance with social distancing guidelines being issued by the health authorities, Government of India and states. Court hearings must be kept minimal during these testing times, unless except for emergent purposes.
- In exercise of the power conferred on the Hon’ble Supreme Court by Article 142 of the Constitution of India, the following directions have been issued on 06.04.2020 vide an Order in SuoMotu Writ (Civil) No.5/2020, In Re: Guidelines For Court Functioning Through Video Conferencing During Covid-19 Pandemic:
- All measures that have been and shall be taken by the Hon’ble Supreme Court and High Courts to reduce the need for physical presence in court premises in accordance with social distancing norms etc., deemed to be lawful.
- The Hon’ble Supreme Court of India and all High Courts to adopt measures equired to ensure the robust functioning of the judicial system through the use of video conferencing technologies;
- Every High Court is authorised to determine the modalities which are suitable to the temporary transition to the use of video conferencing technologies consistent with the judicial system of that state. District Courts in each state shall adopt methods of video conferencing prescribed by the concerned High Court.
- Concerned courts shall maintain helpline channels to ensure that any complaint in regard to the quality or audibility of feed shall be communicated during the proceeding or immediately after its conclusion failing which no grievance in regard to it shall be entertained.
- The Court shall duly notify and make available the facilities for video conferencing for such litigants who do not have the means or access to video conferencing facilities as well as to amicus-curiae whenever necessary.
- Until formulation of appropriate rules, video conferencing shall be used for hearing of arguments, trial or appellate stage. However, evidence shall be recorded only with mutual consent of both parties by video conferencing whilst following social distancing norms.
- Presiding officer shall have the power to restrict the entry of persons into the court room or points from which the arguments are addressed by the advocates. The presiding officer shall have the power to restrict the number of litigants and has the power to adjourn proceedings where it is not possible to restrict the number.
- The above directions have been issued in the light of justice and commitments made towards delivery of the same. The successful implementation of the directions would ensure that the Indian Judiciary rises to face the unique challenges presented due to the outbreak of COVID-19.