'Reduced To A Circus Show': Calcutta High Court Chides Administration For Connectivity Issues In VC Proceedings, Issues Show Cause Notice

The Calcutta High Court on Friday issued a scathing order highlighting the unfortunate state of affairs pertaining to the conduct of virtual court proceedings. Justice Sabyasachi Bhattacharyya minced no words in pointing out how the Court has to undergo connectivity issues and electronic interference in the audio and visual systems almost every day which adversely affects judicial adjudication.

Justice Bhattacharyya observed with anguish,

"Despite the tall talks about achievements of virtual hearing facilities and restricting hearing of litigations entirely to virtual hearings, it is unfortunate that this Court is unable to provide the minimum virtual services and connectivity in order to ensure that justice is rendered appropriately. I personally feel guilty, as a part of this Court, since disruption and interference in functioning of Courts, in whatever form, might amount to criminal contempt. I am a party to such act as a part of the showcase of Judges who are adorning this Court, including the Chief Justice."

Further the Court observed that it had on multiple occasions intimated the connectivity problem to the Central Project Coordinator and yet no rectification had been carried out. Accordingly a show cause notice was issued to the Central Project Coordinator seeking explanation as to why criminal contempt of Court proceedings should not be initiated against the High Court Administration including the Registrar General for such a grave lapse in duty. The Court ordered the Central Project Coordinator to file reply to the show cause notice by 3 pm on Friday.

"I stop short of issuing a Rule of Contempt to give a last chance to the High Court Administration to rectify the faults in connectivity, so that proper justice can be rendered to the litigants at large, particularly when we are restricting learned advocates and the litigants to appear in Court in person and confining hearing merely to the virtual mode", the Court opined.

Terming the grim state of affairs as a 'circus show', Justice Bhattacharya noted that such incessant connectivity issues have made a mockery out of the judicial system.

"I categorically refuse to be a part of such circus because I have taken oath to deliver justice to the litigants, who are outside the Court rooms and beyond the reaches of the air-conditioned rooms accommodating the Judges and toiling in the sun and the dust outside. Till such time that the issues are resolved in full, I shall not sit in Court to conduct an empty stage show", the order stated.

The Court also observed that the illustrious High Court is being relegated to insignificance as rendering of justice is becoming next to impossible due to such connectivity issues.

A copy of this order was directed to be communicated to the Acting Chief Justice as well as the Registrar General of the Court during the course of the day. The matter has been listed for hearing on a priority basis on July17.

Accordingly the order was concluded with the direction that the concerned authorities in charge of the virtual connectivity services must immediately rectify aforementioned grievances.

Finally, the Court disposed of the petition by observing,

"Since the parties could not be heard due to no fault of their own, the interim order granted earlier is extended till July 31, 2021 or until further order, whichever is earlier"

Case Title: Sri Jadav Saredar @ Jadab Sardar v. Sri Basudeb Tarafder & Ors

Click Here To Read/Download Order