Paradigm Shift: High Court Of Punjab And Haryana Embraces Virtual Hearings In Sarvesh Mathur Vs Registrar General

KEY TAKEAWAYS

• The need for virtual hearings in courts.
• The directives issued by the Supreme Court.
• The background for issuing such directives.

INTRODUCTION

In today’s fast-paced world of technology, the legal world is going through a major change. The Judiciary is making a concentrated effort to incorporate more electronic systems, recognizing how crucial technology is in making the justice system more accessible and streamlined. The guidelines issued by Hon’ble Supreme Court on October 6, 2023 are a significant step forward in our journey to update legal procedures and guarantee fairness for all.

NEED FOR VIRTUAL HEARINGS IN JUDICIAL PROCEEDINGS

In today’s fast-paced world, the integration of technology into judicial proceedings has become a necessity rather than a luxury. Technology plays a significant role in ensuring the efficient and effective administration of justice by streamlining various processes within the legal system. From facilitating remote hearings through video conferencing to enabling the electronic filing of documents, technology offers a range of tools that enhance accessibility, transparency, and speed in legal proceedings. These advancements not only save time and resources but also bridge geographical barriers, allowing litigants and advocates to participate in hearings from anywhere with internet connectivity. Moreover, technology-driven solutions contribute to reducing paperwork, minimizing errors, and improving the overall efficiency of court operations.

BACKGROUND

The Writ Petition initiated by Mr. Sarvesh Mathur in the Hon’ble Supreme Court of India addressed the cessation of virtual hearings by the Hon’ble Punjab and Haryana High Court subsequent to the decline of the COVID-19 pandemic. This action raised concerns regarding access to justice and the continuity of legal proceedings, prompting a broader examination by the Supreme Court. Consequently, the Supreme Court issued notices to all High Courts and pertinent tribunals, soliciting detailed data on the utilization of virtual and hybrid hearings in the preceding three months. This meticulous inquiry exemplified the judiciary’s proactive stance in adapting to changing circumstances and leveraging technology to ensure the efficiency, transparency, and accessibility of legal processes nationwide. 

PARTIES INVOLVED

1.    Petitioner

• Mr. Sarvesh Mathur

2.    Respondents

• Registrar General, Hon’ble Punjab, and Haryana High Court
• National Company Law Appellate Tribunal (NCLAT)
• National Consumer Disputes Redressal Commission (NCDRC)
• National Green Tribunal (NGT)

RE: HIGH COURTS

In compliance with the aforementioned directives on October 6, 2023, the High Courts of Allahabad, Bombay, Calcutta, Chhattisgarh, Gujarat, Guwahati, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Madras, Meghalaya, Orissa, Patna, Punjab & Haryana, Rajasthan, Sikkim, Andhra Pradesh, Telangana, Uttarakhand and Jammu & Kashmir and Ladakh submitted their Affidavits.

• Upon review of these Affidavits and the presentations made by the Standing Counsels for the High Courts, it became apparent that while some High Courts were conducting hearings through the hybrid mode, others were not. The inconsistency in this regard was noted as follows:-
• Lack of a standardized Standard Operating Procedure that provides clear guidelines on accessing electronic hearings.
• Requirement for advance submission of applications for video conferencing links, often up to 3 days prior to the hearing.
• Arbitrary nature of existing SOPs, with some High Courts allowing hybrid hearings only for advocates or parties-in-person aged 65 years or above, placing younger lawyers at a disadvantage.
• Absence of Wi-Fi or internet connectivity for members of the Bar and litigants within High Court premises.
• Non-inclusion of links for video conferencing hearings in the cause-list.
• Limited implementation of online filing systems, which complement hybrid hearings.
• Some High Courts despite possessing video conferencing facilities do not offer hybrid hearings.

RE: TRIBUNALS

The Standing Counsel for the NGT affirmed that both the NGT Principal Bench and the Regional Benches offer hybrid hearings. Additionally, the Additional Solicitor General representing the NCDRC confirmed that the tribunal conducts hybrid hearings.

On the other hand, the Standing Counsel for the NCLAT mentioned that infrastructural upgrades are necessary to facilitate hybrid hearings, with funding being sought from the Union Government. Following directives to expedite fund disbursement through meetings between the Finance Ministry and the NCLAT President, it was further mandated that the NCLAT commence hybrid hearings within four weeks from the date of the current order.

However, an initial online search for video conferencing links at the NCDRC revealed the absence of links for hybrid hearings on the tribunal’s website, raising concerns about the discrepancy between stated practices and actual implementation.

DIRECTIONS OF THE HON’BLE SUPREME COURT

In response to the situation above, the bench appointed two amicus curiae with the following tasks:

i.    Compiling all information provided in the Affidavits of the High Courts and Tribunals into a tabulated chart, making it easier for the Court to issue orders.

ii.    Contacting the Registrar Generals of all High Courts to gather necessary information about the steps taken to facilitate e-filing.

In the interim, the bench issued the following directives:

1.    No denial of VC Links:

The High Courts were ordered not to deny access for hybrid mode hearings to any member of the bar desiring the same, within two weeks of the order. State Governments were directed to provide necessary funds to High Courts to establish the requisite facilities for this purpose.

2.    Sufficient internet Facilities:

High Courts were required to ensure the availability of adequate internet facilities, free of charge for all advocates and litigants appearing before them.

3.    Visibility in Cause Lists:

Video conferencing links must be included in the daily cause list of each Court, eliminating the need for a separate application. Any age restriction or arbitrary requirement for accessing VC Links is to be removed.

4.    Standard Operating Procedure

High Courts were instructed to establish a standardized SOP to facilitate litigants’ access to hybrid hearings. Justice Rajiv Shakdher, Hon’ble Judge of the High Court of Delhi, was requested to prepare a model SOP in collaboration with the amicus curiae.

5.    Reporting Requirements:

a)    High Courts to report the number of video conferencing licenses obtained and the nature of hybrid infrastructure.

b)    High Courts to provide a court-wise tabulation of the number of video conference/hybrid hearings conducted since April 1, 2023.

c)    High Courts to outline the steps taken to ensure Wi-Fi/internet facilities are available within court premises for members of the Bar and litigants, in compliance with previous directives.

6.    Ensuring Connectivity in Specific Regions:

The Union Ministry of Electronics & Information Technology to collaborate with the Department of Justice to ensure adequate bandwidth and internet connectivity in North-Eastern states, Uttarakhand, Himachal Pradesh, and Jammu and Kashmir, to facilitate online hearings.

7.    Training Facilities for Technological Literacy:

High Courts are mandated to provide adequate training facilities to members of the Bar and Bench to enhance proficiency in utilizing technology. These training facilities are to be established within two weeks of the date of the order, with notification to the Supreme Court.

8.    Infrastructure Provision for Tribunals:

The Union of India directed to ensure that all tribunals, including but not limited to CESTAT, ITAT, NCLAT, NCLT, AFT, NCDRC, NGT, SAT, CAT, DRATs, and DRTs are provided with requisite infrastructure for hybrid hearings by November 15, 2023. All tribunals are to commence hybrid hearings by the stipulated deadline, with directives governing High Courts also applicable to tribunals under all Ministries of the Union Government.

9.    Notice to Appellate Tribunal for Electricity:

Notice to be issued to the Registrar in charge of the Appellate Tribunal for Electricity, with Mr. K M Nataraj, Additional Solicitor General, instructed to promptly contact the Chairperson of APTEL on behalf of the Union of India. Necessary steps are to be taken to ensure the availability of video conferencing/hybrid facilities at APTEL within one month from the date of the order.

CONCLUSION

The guidelines issued by the Supreme Court mark a transformative era in the realm of judicial proceedings. Given the widespread dispersion of pending cases across the nation, the case at hand underscores the need for such interventions. By mandating the adoption of hybrid modes of hearing and the implementation of a uniform SOP across all levels of courts, including District Courts, the Supreme Court has opened the door for a more accessible and efficient legal system. This proactive approach signifies a paradigm shift in legal proceedings, promising a new era of accessible justice for litigants and advocates nationwide.