Supreme Court mandates uniform video conferencing and hybrid hearing facilities across all High Courts within four weeks

The SC addressed lack of uniformity in video conferencing and hybrid hearing facilities across HCs. The court found that while several HCs have video conferencing capabilities, few operate through hybrid mode due to infrastructure limitations. The SC appointed amici curiae to collate information and directed that after two weeks, no HC shall deny video conferencing or hybrid hearing access to advocates or litigants. State governments must provide necessary funds, HCs must ensure free Wi-Fi facilities, and uniform SOPs must be implemented within four weeks. All tribunals must commence hybrid hearings by November 15, 2023, with requisite infrastructure provided by the Union government.

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Issues Involved:
1. Adoption and implementation of video conferencing and hybrid hearings in High Courts and Tribunals.
2. Infrastructure and funding requirements for hybrid hearings.
3. Standard Operating Procedures (SOPs) for electronic access to court hearings.
4. Internet connectivity and technological facilities in court precincts.
5. Training for the use of technology in courts.

Summary:

Adoption and Implementation of Video Conferencing and Hybrid Hearings:
The Supreme Court directed the Registrars General of all High Courts, NCLAT, NCDRC, and NGT to file affidavits detailing the number of video conferencing hearings conducted in the last three months and whether any courts are declining such hearings. Various High Courts have complied, while some have sought extensions. The NGT and NCDRC are conducting hybrid hearings, and the NCLAT requires infrastructural upgrades with funds to be provided by the Union Government. A joint meeting is mandated to resolve pending issues and enable hybrid hearings within four weeks.

Infrastructure and Funding Requirements:
The Court emphasized the need for adequate infrastructure and directed State Governments to provide necessary funds to High Courts for implementing video conferencing and hybrid hearings. The Union Ministry of Electronics & Information Technology must ensure adequate bandwidth and internet connectivity, especially in the North-East, Uttarakhand, Himachal Pradesh, and Jammu and Kashmir.

Standard Operating Procedures (SOPs):
The Court noted the absence of a uniform SOP for electronic access to hearings, leading to arbitrary criteria and restrictions. Justice Rajiv Shakdher is requested to prepare a model SOP in conjunction with amici curiae, Mr. Gaurav Agrawal and Mr. K Parameshwar, to be adopted uniformly across all High Courts.

Internet Connectivity and Technological Facilities:
The Court highlighted the lack of Wi-Fi and internet connectivity in many High Courts, impeding electronic access. High Courts must ensure free internet facilities for advocates and litigants and include video conferencing links in the daily cause-list. The Court also directed the provision of adequate training facilities for the Bar and Bench to use technology effectively.

Training for the Use of Technology:
All High Courts are instructed to set up training facilities for advocates and Judges within two weeks. The Union of India must ensure that all tribunals have requisite infrastructure for hybrid hearings by 15 November 2023, with the directions applicable to all Tribunals under Union Ministries.

Conclusion:
The Supreme Court underscored the necessity of technology in ensuring access to justice and directed the implementation of hybrid hearings without arbitrary restrictions. The Court mandated comprehensive measures to enhance technological adoption in courts, emphasizing the collaborative effort required from all stakeholders.

Next Hearing:
The proceedings are listed for 6 November 2023.

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