Supreme Court Issues Guidelines on Video Conferencing for Courts

High courts have been authorised to decide on video conferencing systems, and other social distancing measures.

The Supreme Court on Monday, 6 April, authorised high courts across the country to formulate arrangements for video conferencing in courts in their respective regions, and issued some guidelines for how matters are to be heard while maintaining social distancing during the coronavirus lockdown.

A three-judge bench headed by Chief Justice SA Bobde had taken up this matter suo motu after receiving a letter from senior advocate Vikas Singh, who wrote that there was “anxiety of access” with regard to the courts among lawyers, litigants and even the media as courts across the country have shut down.

The judges noted that it was a “duty” of the courts to ensure that their premises do not contribute to the spread of the virus, and so decided to issue an order setting out measures for social distancing and video conference hearings.

The apex court observed that though Indian courts have been proactive in using technology to provide access to courts in the middle of the coronavirus crisis, the Supreme Court needs to ensure these measures get some sort of legal protection, which they proceeded to do under Article 142 of the Constitution.

With this sanction, the Supreme Court and high courts have been empowered to take measures for social distancing, keeping in mind public health guidelines. All high courts have been authorised to employ technology to ensure social distancing, as part of which they need to figure out the modalities of conducting hearings through video conferencing.

The judges also issued the following guidelines:

• Courts will have to make arrangements for litigants who don't have access to video conferencing technology.
• Evidence cannot be recorded through video conferencing till high courts frame some detailed rules about this. This will have to be done in a courtroom where social distancing measures will have to be taken by the presiding officer.
• Presiding officer will have power to restrict entry to courtrooms for this purpose, but parties to the case can only be denied entry if they are suffering from a health problem.
• District courts will also be able to adopt video conferencing as per their respective high court's rules.
• Complaints about video conferencing quality can't be raised belatedly – have to be raised during hearing or immediately after.
• High courts have discretion to decide which app/software is used. State level officials of the National Informatics Centre to provide assistance to the high courts for setting up video conferencing systems.

The CJI said that the apex court will observe how things work over the next 15 days and then pass further orders, if required.

The court also asked the Director General of the National Informatics Centre, which has organised the apex court’s video conferencing system, to ensure there are no glitches. There had been serious connectivity issues on Friday, 3 April, forcing the judges to conduct the hearing on WhatsApp video call.

Attorney General KK Venugopal, who was also present for the hearing, suggested that proceedings via video conferencing should continue even after the lockdown ends while Vikas Singh pointed out that the Supreme Court will need to decide rules on how many litigants and lawyers can come to court, even if lockdown ends on 15 April, as social distancing would remain important.

CJI Bobde said they will see what happens with the lockdown, and look into this issue if the lockdown ends by then. The matter has been adjourned till the court decides to take it up again.