Supreme Court says Virtual Courts are not against the concept of Open Court Hearing

In a recent plea by Bar Council of India chairman to Chief Justice of India, it was advised against continuation of hearing via video-conferencing after the lockdown ends, to maintain judicial transparency.

The Supreme Court in a press report has said that that Virtual Courts are not antithetical to the concept of open court system. It stated that Open Courts have evolved with time, and when technology has also evolved and has touched almost all the aspect of our lives, we should accept it and welcome it in our court system as well.

Supreme Court as also recognized the role that Virtual Court Room System has played during the time of COVID-19, and that conducting hearings on video- conferencing is not against the open court hearing system. It also said that Openness of Courts is a tool to ensure procedural fairness and to maintain transparency, such that Rule of Law is achieved.

The mandates of an Open court, which are to be followed even in the virtual courts are-

1. Access to all the parties to the hearings
2. Right to participate in hearings, to parties and their representatives
3. Access to court hearings and their outcome, to the public and media.

It also added that Justice requires its stakeholders of the ecosystem to discharge their roles with diligence, in the given manner. Virtual Courts have shown innumerable advantages in terms of time, energy, and money saved by litigants and counsels, and this can be a game changer.