In Re Guidelines For Court Functioning ... vs Unknown

CIVIL ORIGINAL JURISDICTION

SUO MOTU WRIT (CIVIL) NO.5/2020

IN RE: GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID-19 PANDEMIC

O R D E R

1. The recent outbreak of COVID-19 (Coronavirus) in

several countries, including India, has necessitated the

immediate adoption of measures to ensure social

distancing in order to prevent the transmission of the

virus. The Supreme Court of India and High Courts have

adopted measures to reduce the physical presence of

lawyers, litigants, court staff, para legal personnel

and representatives of the electronic and print media in

courts across the country and to ensure the continued

dispensation of justice.

2. Every individual and institution is expected to

cooperate in the implementation of measures designed to

Signature Not Verified reduce the transmission of the virus. The scaling down Digitally signed by SANJAY KUMAR Date: 2020.04.06 15:09:59 IST Reason: of conventional operations within the precincts of

courts is a measure in that direction. Access to justice

1 is fundamental to preserve the rule of law in the

democracy envisaged by the Constitution of India. The

challenges occasioned by the outbreak of COVID-19 have

to be addressed while preserving the constitutional

commitment to ensuring the delivery of and access to

justice to those who seek it. It is necessary to ensure

compliance with social distancing guidelines issued from

time to time by various health authorities, Government

of India and States. Court hearings in congregation must

necessarily become an exception during this period.

3. Modern technology has enabled courts to enhance the

quality and effectiveness of the administration of

justice. Technology has facilitated advances in speed,

accessibility and connectivity which enable the

dispensation of justice to take place in diverse

settings and situations without compromising the core

legal principles of adjudication. Indian courts have

been proactive in embracing advancement in technology in

judicial proceedings. The Indian judiciary has

incorporated Information and Communication Technology

systems through the e-Courts Integrated Mission Mode

Project (e-Courts Project) as part of the National e-

Governance Plan (NeGP). The robust infrastructure in

2 place has reduced conventional impediments and legal

uncertainty surrounding the use of virtual courts. ICT

enabled infrastructure is available across all courts

including the district judiciary which constitutes the

initial interface of the court system with the citizen.

4. The use of technology found judicial recognition in

precedent of this Court in State of Maharashtra v Praful

Desai1. This Court held that the term ‘evidence’

includes electronic evidence and that video conferencing

may be used to record evidence. It observed that

developments in technology have opened up the

possibility of virtual courts which are similar to

physical courts. The Court held:

“Advances in science and technology have now, so to say, shrunk the world. They now enable one to see and hear events, taking place far away, as they are actually taking place…Video conferencing is an advancement in science and technology which permits one to see, hear and talk with someone far away, with the same facility and ease as if he is present before you i.e. in your presence… In fact he/she is present before you on a screen. Except for touching one can see, hear and observe as if the party is in the same room. In video conferencing both parties are in presence of each other… Recording of such evidence would be as per “procedure established by law”.”

1 (2003) 4 SCC 601

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5. Faced with the unprecedented and extraordinary

outbreak of a pandemic, it is necessary that Courts at

all levels respond to the call of social distancing and

ensure that court premises do not contribute to the

spread of virus. This is not a matter of discretion but

of duty. Indeed, Courts throughout the country

particularly at the level of the Supreme Court and the

High Courts have employed video conferencing for

dispensation of Justice and as guardians of the

Constitution and as protectors of individual liberty

governed by the rule of law. Taking cognizance of the

measures adopted by this court and by the High Courts

and District Courts, it is necessary for this court to

issue directions by taking recourse to the jurisdiction

conferred by Article 142 of the Constitution.

6. Therefore, in exercise of the powers conferred on

the Supreme Court of India by Article 142 of the

Constitution of India to make such orders as are

necessary for doing complete justice, we direct that:

i. All measures that have been and shall be taken by this Court and by the High Courts, to reduce the need for the physical presence of all stakeholders within court premises and to

4 secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful;

ii. The Supreme Court of India and all High Courts are authorized to adopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies; and iii. Consistent with the peculiarities of the judicial system in every state and the dynamically developing public health situation, every High Court is authorised to determine the modalities which are suitable to the temporary transition to the use of video conferencing technologies;

iv. The concerned courts shall maintain a helpline to ensure that any complaint in regard to the quality or audibility of feed shall be communicated during the proceeding or immediately after its conclusion failing which no grievance in regard to it shall be entertained thereafter.

v. The District Courts in each State shall adopt the mode of Video Conferencing prescribed by the concerned High Court.

vi. The Court shall duly notify and make available the facilities for video conferencing for such litigants who do not have the means or access to video conferencing facilities. If necessary, in appropriate cases courts may appoint an amicus-curiae and make video

5 conferencing facilities available to such an advocate.

vii. Until appropriate rules are framed by the High Courts, video conferencing shall be mainly employed for hearing arguments whether at the trial stage or at the appellate stage. In no case shall evidence be recorded without the mutual consent of both the parties by video conferencing. If it is necessary to record evidence in a Court room the presiding officer shall ensure that appropriate distance is maintained between any two individuals in the Court.

viii. The presiding officer shall have the power to restrict entry of persons into the court room or the points from which the arguments are addressed by the advocates. No presiding officer shall prevent the entry of a party to the case unless such party is suffering from any infectious illness. However, where the number of litigants are many the presiding officer shall have the power to restrict the numbers. The presiding officer shall in his discretion adjourn the proceedings where it is not possible to restrict the number.

7. The above directions are issued in furtherance of

the commitment to the delivery of justice. The

cooperation of all courts, judges, litigants, parties,

staff and other stakeholders is indispensable in the

6 successful implementation of the above directions to

ensure that the judiciary rises to face the unique

challenge presented by the outbreak of COVID-19. These

directions shall operate until further orders.

8. List the matter after four weeks.

……………………………………………CJI [ S.A.BOBDE ]

………………………………………………J. [ D.Y. CHANDRACHUD ]

……………………………………………J. [ L. NAGESWARA RAO ]

NEW DELHI;

APRIL 06, 2020.

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