Chief Justice of India (CJI) D.Y. Chandrachud on Monday came down heavily on Chief Justices of some High Courts, who had started dismantling the infrastructure meant for virtual hearings and said that the Supreme Court was in the process of bringing out an order in this connection.
The CJI, who has always remained at the forefront for increasing the use of technology in the judiciary, was hearing a petition seeking to declare virtual hearings as a fundamental right.
Emphasising the importance of virtual hearings in promoting access to justice, Justice Chandrachud said that whether the Chief Justices of High Courts were pro-technology or not, all of them were duty-bound to learn and use the technology.
He further talked about the allocation of Rs 7000 crore made in the Budget 2023-24 for the third phase of e-courts, stating that it would be utilised for improving the infrastructure in all courts, including the district courts.
The CJI lamented that by disbanding the technological infrastructure, the Chief Justices were wasting all the public money, which had to be dealt with carefully.
Talking about the Judges insisting on physical appearance of lawyers during court proceedings, the CJI said that the problems faced by the lawyers were different from
the situation of judges. The judges should not think that since they were attending the courts offline, the Advocates need to follow suit.
Justice Chandrachud also reprimanded the tribunals, who were disbanding the infrastructure.
He asserted that the technology was not only for pandemic, but was here to stay.
Recalling his presentation before the Parliamentary Committee regarding funds for upgradation of judiciary, the CJI said the Parliamentary Committee was extremely receptive and held a detailed discussion on the subject. The Parliamentary Committee made a very strong report and gave Rs 7000 crore to the judiciary, he noted.
Justice Chandrachud said this money was not for his personal use, but for the development of infrastructure. He said as CJI, he had to ensure that everyone was in line.
Stating that their mission was to reach out to the people, the CJI said that technology was helping the lawyers who could not understand English, in translation of judgments.
He revealed that IIT Madras was helping the courts in translation of verdicts.
Seeking the assistance of Judges in this mission, the CJI said that even if the Judges did not have access to technology, they wouldn’t be left out of the race.
Justice Chandrachud further asked BCI Chairperson Manan Kumar Mishra to get a response from Bar Councils of States on the matter.
Representing the petitioners, Advocates Sriram Parakkat and Siddharth R. Gupta contended that some High Courts had stopped the option of hybrid hearings.
Advocate Sriram submitted that the option of hybrid hearing increased access to justice for litigants from far-flung places and reduced the cost of litigation.
Although the technical apparatus has already been set up, many High Courts have stopped the hybrid option, he added.
Mishra said that the issue had far-reaching ramifications and hence, required the views of state Bar Councils and High Court Bar Associations.
(Case title: All India Association of Justists And Anr vs High Court of Uttarakhand And Ors and connected cases)