NEW DELHI: The Supreme Court On Monday, he said that the videoconferencing system to provide citizens with access to justice during the current pandemic situation has been “extremely successful” and allowed the higher courts to set rules for such virtual hearings for themselves and subordinate courts.
The supreme court said it would think about the issue of live streaming of its proceedings later, when attorney general KK Venugopal referred to such practices being adopted in Madras. Supreme court.
The high court, after learning suo motu (on its own) of a letter written by the former president of the Supreme Court Bar Association (SCBA) and lead counsel, Vikas Singh, had issued on 6 April a series of instructions to use the technology to hold court hearings across the country to avoid congregation due to the “extraordinary” outbreak of Covid-19.
“We must say that the videoconferencing system has been very successful in providing access to justice,” said a court composed of Chief Justice, SA Bobde, and Justices DY Chandrachud and L Nageswara Rao, adding that the instructions previously issued do not need to change. Except for that related to the power of the superior courts to decide on the course of virtual hearings.
“We propose to replace subsection (vii) of paragraph 6 with the following: The videoconference in each Superior Court and within the jurisdiction of each Superior Court will be carried out in accordance with the Rules for that purpose framed by that Superior Court.
“The Rules will govern videoconferences in Superior Court and district courts and will cover both appeal procedures and trials. We understand that several Superior Courts have already formulated their rules. Those Superior Courts that have not formulated said Rules will do so. taking into account the circumstances prevailing in the state, Until such Rules are formulated, the High Courts may adopt the Model Videoconference Rules provided by the electronic committee, the Supreme Court of India …
The court also noted in the order that its instructions were issued “in fulfillment of the commitment to the administration of justice” and were primarily intended to cover the steps the higher court had to take to address the challenges posed by the pandemic.
“There has been a change in the situation since April 2020. In many states, the situation has alleviated and it has even been possible to start hearings in the congregation,” the bank said.
At first, Venugopal said that the video conferencing system has worked very well and pointed out the “flaws” in the operation of the facility in the higher court, while urging Judge Chandrachud, who heads the electronic committee, to take the decision steps necessary.
Judge Chandrachud said that bids have been issued to find a person to handle the complete videoconferencing installation of the high court and for the high courts and the lower courts, a national bid will be awarded to ensure a common virtual hearing platform. .
“Right now, all the higher courts are on Zoom or Cisco or Vidyo,” he said.
“Once we do this across India, some degree of financial help from the Center will be needed. We have appointed a committee of four judges from the high court. That committee has formulated rules for video conferencing, which were distributed to all the high courts, and the suggestions have been incorporated and the model rules have been formulated. Eleven superior courts have adopted the model rules, “the judge said.
Venugopal raised the issue of live streaming of the high court proceedings and said it has worked well in the Madras High Court.
The court said there are many issues that cannot be discussed publicly and that it would think about the matter later.
Attorney General Tushar Mehta said the live broadcast would lead to people filing petitions just to “be heard across the country.”
In granting freedom to the higher courts to decide what kind of video conferencing facilities they would like to use, the court said that there is also the issue of “e-literacy” and, furthermore, there are issues related to the types of network available in a particular state .
“We would like the Center to give us access to the fiber optic network. Before we wanted the Center to give us the satellite, but then it was discouraged and now we seek access to the fiber optic network. We have an eye on electronic filing of cases, “the court said and asked Venugopal to consult government officials and assist the electronic committee.
Lead attorney Harish Salve told the court that Reliance Jio has the “best fiber optic network,” which is inexpensive.
The bank told Salve that the company can formally meet with the electronic committee of the high court in this regard.
He also said that a committee made up of some supreme court judges, the attorney general and the attorney general would be formed to consider suggestions to improve the operation and facilities at the supreme court.
Previously, the high court had issued a series of instructions on the operation of the courts via videoconferencing during the pandemic.
A congregational court hearing must become an “exception” during the “extraordinary outbreak” of the Covid-19 pandemic and it is necessary for all courts to respond to the call for social distancing to ensure that they do not contribute to the spread of the virus. had said.
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