'A Court Is More A Service Than A Place': Parliament Standing Committee On Personnel, Public Grievances Recommends Continuation Of Virtual Courts Post Covid Period [Read Report]

After holding extensive meetings with Secretaries of Departments of Justice and Legal Affairs, Secretary General of the Supreme Court and representatives of the Bar Council of India, Delhi High Court Bar Association and Delhi District Bar Association, the Standing Committee concluded thus:

"Virtual Courts have their own shortcomings, however, they constitute advancement over the existing system, and therefore. on the overall, they are worth embracing".

The Committee further stressed, "It is time, the Court room which is often regarded as the last bastion of antiquated working practices opens its doors to latest technology".

The Parliamentary panel strongly pitched for Virtual Courts stating that digital justice is "cheaper and faster" besides addressing "locational and economic handicaps". It also ensures safety of vulnerable witnesses providing testimony; expedites processes and procedures and are an improvement over traditional Courts as they are most affordable.

The panel also highlighted the pitfalls relating to Virtual Courts in the form of limitation of access, connectivity and skills.

It took note of the reservations expressed by Representatives of Bar about Virtual Court proceedings viz., limitations of infrastructure and favour tech savvy advocates, besides "depriving lawyers of an opportunity to present their case and change the course of arguments based on the changing dynamics of a case during the hearing."

The Committee was also informed that over 50% advocates, mostly at the District and lower Courts are not having cither a laptop or a computer and lack of skills required for virtual proceedings.

It has therefore urged the Government to enable necessary infrastructure for integrating Virtual Courts into the country's legal ecosystem.

Few of the 15 recommendations made by the Committee include:

• setting up of E-Sewa Kendras in all Court Complexes
• speedy execution of National Broadband Mission
• introduction of computer course in 3/5 year law courses
• developing an indigenous software platform to ensure data privacy
• providing WAN (Wide Arca Network) facility to all
• adoption of Machine Learning Artificial Intelligence and Block Chain Technology for a transformational change in the dispensation of justice

The panel has recommended that virtual proceedings may be extended 'permanently' to various Appellate Tribunals like TDSAT, IPAB, NCLAT etc. located across the country which do not require personal appearances of the parties/advocates.

It further said that permanent Virtual Courts can be held for hearing matters relating to Administrative and other Tribunals at the time of final hearing as it will cutdown the cost and increase the efficiency of disposal of cases without being unnecessarily adjourned.

The report, first of its kind, was presented to Rajya Sabha Chairman, M. Venkaiah Naidu, by MP Bhupender Yadav.

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