Today, the Supreme Court directed all High Courts to ensure that no member of the Bar is denied access to video conferencing facilities and hybrid hearing capabilities.

The Apex Court has granted a two-week deadline for all High Courts to implement this order.

The bench comprised of Chief Justice DY Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra issued various directions with regard to video conferencing facilities across High Courts and Tribunals.

"After the lapse of two weeks from this order, no High Court shall deny access to video conference facility or hearing through hybrid facility to any member of the bar." the Court ordered.

Further the Court directed the High Courts to guarantee the provision of ample internet facilities, including complimentary WiFi, to all lawyers and litigants participating in High Court proceedings. Furthermore, the Apex Court emphasized that links for video conferencing should be readily accessible in the cause list of the respective court, eliminating the need for a separate application to appear via virtual mode.

Additionally, the Court mandated that all High Courts establish a Standard Operating Procedure (SOP) to facilitate litigants' access to hybrid and video conferencing hearings within a timeframe of four weeks.

Further, the bench raised concerns about the inadequate internet connectivity in the North Eastern states, which is hindering High Courts in these regions from offering video conferencing facilities.

Consequently, the Court issued an order directing the Union Ministry of Information Technology to take necessary steps to ensure the availability of internet connectivity to all courts in the North East, thus enabling access to online hearings.

“No judge shall decline a request for video conferencing, every high court must make available video conferencing facilities. Do not tell me lawyers do not want it,” CJI Chandrachud observed.

"The government of India has forwarded Rs700,000 crores but I'm sorry to say that some High Courts are tech indifferent. I have been pushing the Chief Justices,” he said. “Every high court must make available video conferencing facilities. No judge in the High Court shall decline hybrid,” the Chief Justice said.

The CJI said that judges have no option but to adapt to technology, moving forward. “The question is not whether a particular judge is tech friendly or not. If you want to be a judge you have to be tech friendly. It's like how a judge cannot say that I don't know what res judicata is...Every judge in the system has to be trained,” he said.

The Chief Justice criticized specific High Courts for their lack of enthusiasm towards adopting technology.

Allahabad High Court is a complete offender. The infrastructure has been completely shut down”, he said. He also expressed his disappointment in Bombay High Court disbanding its video conferencing infrastructure. “Why has Bombay HC disbanded? In a city like Bombay, travel is also so difficult. Technology is not a matter of choice. Technology is as much a part of our legal system as much as law books. Without technology, how do we function?” he said.

The CJI pointed out that Kerala and Orissa have been faring better in comparison to other High Courts in adapting to technology. “Kerala is one of the better High Courts when it comes to technology... it's also about the interest taken by the judges”, he said. “Orissa is basking in all the good work that Justice Muralidhar did - but the work has to continue now”, he added.

The Court also inquired about the availability of virtual hearing facilities in Tribunals in India. Additional Solicitor General KM Nataraj apprised the Court that the National Consumer Disputes Redressal Commission (NCDRC) has been conducting hybrid hearings, and the National Green Tribunal (NGT) has been doing so in Delhi and its regional branches. 

In response to this, the Court issued a directive for a meeting to be convened between the Ministry of Corporate Affairs and the President of the National Company Law Appellate Tribunal (NCLAT) in the upcoming week.

“NCLT and NCLAT shall ensure that all steps are taken to ensure that hybrid hearings can be held at the option of the litigant no later than 4 weeks,” the Court directed.

Case Brief - 

In the said matter, the Court was hearing a writ petition challenging the Punjab and Haryana High Court's decision to discontinue hybrid hearing options. In the previous month, the bench led by the Chief Justice of India (CJI) had requested status reports from all High Courts to assess the current status of hybrid hearings.