Recently, Chief Justice of India Sanjiv Khanna, in response to the alarmingly severe air quality in Delhi, announced that lawyers would have the option to appear online.
CJI Khanna, however, refrained from making a definitive statement about the courts functioning exclusively online, despite requests from Solicitor General of India Tushar Mehta and Senior Advocate Gopal Sankaranarayanan.
Senior Advocate Kapil Sibal, President of the Supreme Court Bar Association, urged that lawyers be permitted to appear online due to the worsening air pollution in Delhi, which he described as "getting out of control."
"We have told all judges here, wherever possible allow virtual," CJI Khanna said. Sibal requested that the other Courts/Tribunals in Delhi also be sent the same message. CJI Khanna said that the lawyers will have the option.
Gopal Sankaranarayanan highlighted that around 10,000 lawyers, along with their clerks who often use personal vehicles, travel to the Court daily. In response, CJI Khanna stated, "We will leave it to the lawyers concerned... we have provided them with the facility to appear virtually whenever they wish."
Sankaranarayanan then pointed out that the restrictions under GRAP-IV had been implemented in the city. In response, CJI Khanna reiterated, "You have the option, you exercise that option. We have already said so. We will accommodate everyone."
SG Tushar Mehta then said, "In principle, if the Court itself can go online, instead of options." CJI however repeated that the lawyers will have the option of online appearance. "The way we have functioning today, if anybody wants to be online, they can go online."
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