The Supreme Court has taken action to address the status of virtual hearings across India's judicial landscape. On September 15, the Supreme Court directed the Registrar Generals of all High Courts and the Registrars of key tribunals, including the National Company Law Appellate Tribunal (NCLAT), the National Consumer Disputes Redressal Commission (NCDRC), and the National Green Tribunal (NGT), to provide affidavits regarding the continuation of virtual hearings.

This move comes in response to a petition filed by an individual named Sarvesh Mathur, who raised concerns about the discontinuation of virtual hearings in the Punjab and Haryana High Court. During the COVID-19 pandemic, virtual hearings were widely adopted as a safety measure. However, Mathur pointed out that the Punjab and Haryana High Court had ceased offering virtual hearings.

Chief Justice of India DY Chandrachud, who leads the bench overseeing this matter, expressed gratitude to Mathur for bringing this issue to their attention. He emphasized the importance of addressing the discontinuation of virtual hearings, noting that substantial investments had been made in e-court infrastructure. Justice Chandrachud has been a vocal advocate for hybrid hearings, which combine virtual and in-person elements.

The bench, comprising Justices JB Pardiwala and Manoj Misra, not only issued notice to the Registrar General of the Punjab and Haryana High Court but also extended this inquiry to all other High Courts across India.

Additionally, concerns were raised regarding the discontinuation of virtual hearings in various tribunals. Consequently, the bench decided to issue notices to the NCLAT, NCDRC, and NGT. While there was a request to issue notices to the Debt Recovery Tribunals (DRTs) as well, it was observed that this could be time-consuming. Instead, the bench opted to address the matter with a focus on these three representative tribunals initially.

To further delve into the issue, the bench directed the service of notices on Union Ministries and sought the assistance of the Solicitor General of India regarding DRTs and other tribunals falling under various Ministries.

This development underscores the ongoing debate surrounding the use of virtual hearings in the Indian judicial system. 

While virtual hearings became a crucial tool during the pandemic, their future and continued relevance are subjects of discussion and concern. Recently the Hon’ble NCDRC while considering an application filed by counsel Mr. Mukul Kumar for allowing the MD of a Corporation to appear over VC so that with the aid of technology, he could be present before the Hon’ble Commission, the Hon’ble NCDRC observed that:

"The Commissions Court is at present engaged in physical mode of hearing only and virtual conference facility is not available." (M/s Deluxe Laminates Vs. UPFC)

Chief Justice Chandrachud's commitment to preserving and enhancing the technological infrastructure for virtual hearings indicates a desire to ensure that technology remains an integral part of the judicial process, even beyond the pandemic.

Case Titled: Sarvesh Mathur v. The Registrar General of Punjab and Haryana High Court