SC Releases New Standard Operating Procedure For Hearings Via Videoconferencing During COVID Lockdown: [Read Circular]

In pursuance of conducting Video Conference Hearings effectively, the Supreme on Wednesday released a Circular dictating the Standard Operating Procedure (SOP) surrounding its modalities. The SOP, which has been generated basis suggestions of Bar Associations and directions by the Chief Justice, gives detailed instructions vis-à-vis Mentioning(s), e-filing and VC hearings to the Advocates as well as Parties-in-person.

The Circular supplements previous circulars dated March 23 & March 26, 2020 dictating SOP of Video Conferencing Hearings.

It is made clear, as regards the preceding notifications and circulars that only matters involving extreme urgency shall be taken up and the said "urgency" shall be decided by the Presising Judge of the bench, which is subsequently to be decided basis a a synopsis, not exceeding one page, earmarking the "extreme urgency".

For Mentioning(s) and e-Filing(s), "the Advocate-onRecord/Party-in-person is first required to file the petition/miscellaneous application, preferably through the e-filing mode available on the Supreme Court website, as per procedure elaborated at the link https://main.sci.gov.in/php/FAQ/5_6246991526434439183.pdf"

The circular also lays down that a maximum of two appearence links shall be provided per party and a viewing link may be provided to the litigant separately. 

Apart from this, the circular goes on to state the following guidelines:-

1) Mentioning-application shall be submitted only be email at the email address mention.sc@sci.nic.in. which must be received by 5 PM, "two days' preceding the date of hearing shall be processed for such date";

2) Applications must be detailed and clearly contain requisite details including stipulated contact details;

3) Prayer for exemption must be included praying for exemption from filing duly affirmed affidavit "in the prevailing circumstances"

4) No reliance on any document other than the documents duly filed;

5) Applications must also contain a separate paragraph giving consent that the matter may be taken up through the video-conferencing mode;

Further to this, the circular lays down that,

"....parties may kindly note that desktop/laptop/tablet computers provide stable connectivity for a video-conference, whereas signal drop/incoming call on mobile devices can delink such devices from an ongoing video-conference disrupting such VC"

Instructions for Joining Video Conferencing lay down that matters shall be heard via the web-based VC system called VIDYO, "the smooth functioning of which is sqaurely dependant upon the connectivity and signal strength".

The proper step-by-step procedure for joining VC hearings via VIDYO have also been laid down in the circular wherein the Advocates have been provided with a thorough & detailed practice procedure to be followed while the hearing is going on. 

How to avoid "echoes" and technical glitches has been stipulated in the Circular as well, wherein the Advocates have been instructed to keep their MIC on "MUTE" after their submissions are done. Also, interjections by raising a hand and unmuting only when granted permission by the bench are further stipulations in the circular.

In this backdrop, the circular states,

"....in this regard, parties may use broadband connection of minimum 2 mbps/dedicated 4G data connection, and may also ensure that no other device or application is connected to or using the bandwidth when the hearing by video-conferencing is progressing"

The circular also goes on to remind the Advocates that the VC hearings are COURT PROCEEDINGS and that whereas,

"...recording/copying/storing and/or broadcasting, by any means, of the hearings and proceedings before the Supreme Court of India are expressly prohibited"

Lastly, a WhatsApp group created before hearing of matters for queries as well as "Mentioning Helpline Numbers" to the tune of 011-23381463 and 011-23111428 have also been provided.

Click Here To Download Circular

[Read Circular]