'Amend SC Rules To Provide Compulsory Video Conference Hearing In Certain Type Of Matters' : Application By Sr Adv Vikas Singh In SC

The Application, drawn by Advocate Deepeika Kalia, states that the Supreme Court had commenced proceedings via video conferencing when the national lockdown was imposed in order to contain the spread of COVID-19; the Applicant was the first lawyer to appear when the Court started hearing the matters via video conferencing.
It goes on to submit that the Applicant, being the former President and a Senior Member of the Supreme Court Bar Association, had undertaken numerous activities for the welfare of the Members of SCBA. He had also taken up the issue of decongesting the courts by regulating movement of Advocates, Clients and Media Persons.

Referring to the present scenario regarding the possibility of the spread of COVID-19 due to overcrowding/mass gathering in the Court, the Application contends that "the persons who are most vulnerable to COVID-19 in the Supreme Court are the Advocates, Clients and Media Persons. The Hon'ble Judges in the Courts are having sufficient distance from everyone and hence the norm for social distancing is easily met".

In the light of the same, the Applicant submits that urgent steps need to be taken in order to deal with the present scenario as well as have a "beneficial impact" on the functioning of the Court in the long run.

"As the Government cannot decide how judiciary has to function post lockdown hence this Hon'ble Court has to play a proactive role in deciding protocols during social distancing that can serve dual purpose for future of lessening overcrowding".

On that note, the Applicant has provided multiple suggestions for the consideration of the Court:

"A. That the Supreme Court Rules should be amended urgently to provide for compulsory Video Conference hearing for certain type of matters and voluntary Video Conferencing hearing for other type of matters. The compulsory Video Conferencing hearing should be provided for hearing of Bail Matters, Transfer Petitions, Matrimonial Matters, Service Matters involving a single employee, Matters of Petitioners-in-person (other than PIL) and all other similar matters as well as Chamber matters and the matters before the Registrars.

B. Voluntary Video Conferencing hearing of all other matters and the modalities for the same would be to provide in the listing performa a column for the Advocate on Record as to whether he should want his matter to be heard through Video Conferencing. The said matter may go for hearing through Video Conferencing mode at the ex parte stage, however, if there is a caveator or after notice, such Video Conferencing should only be permitted with the consent of the caveator in case of the first hearing and the consent of the respondents in the case of hearing after notice."

It has further been submitted that till the time the Supreme Court Rules are amended, the aforementioned suggestions can be implemented vide an administrative order. Additionally, in order to reduce person-to-person contact and rush, the following modalities have been suggested in the Application in order to implemented immediately:

"a. The round annexe building in front of Court No. 12 should be vacated by the Registry completely and a major portion of it should be converted into cubicles with Computer terminals affixed having wired LAN connectivity to the chamber of Hon'ble Judges who would be sitting for video conferencing. This will enable the practicing lawyers of the Supreme Court to use the Video Conferencing hearing even while attending to other matters listed in other courts which are not permitted through the Video Conferencing mode. This will also permit the briefing/assisting lawyers and the client to be present at the time when the Video Conferencing hearing will be going on. The person to person contact in such hearing will be minimal and in the long run it will help in de-congesting the other Courts as a large number of lawyers would be using this facility for the matters nominated through the Video Conferencing mode.

b. Some cubicles can be provided to the media persons who can witness hearing of matters rather than going to a particular court room to hear the proceedings. This will not only help in decongesting the courts but also ensure apt reporting of the court proceedings by the media persons. The Court proceedings should also be available to the accredited media persons only to watch and not to record the proceedings.

c. The rest of the area in the said annexe building should be converted into a library for lawyers who can wait in the said area while their matters have to be called through the Video Conferencing mode. As of now only Library-2 is being used for such waiting purposes by lawyers having matters in various courts, being the most proximate area to the various court rooms. The Library to be created in the annexe building will act as a buffer to the Library-2 for the waiting lawyers as the annexe building also happens to be the next proximate area to most of the court rooms after Library-2. The providing of the said library is also necessary because the corridors being not air-conditioned, the lawyers use the court rooms for waiting for their matters when infact they can easily sit in one of the proximate libraries being the air conditioned area proximate to the Courts.

d. During the tenure of the Applicant as President, SCBA, the then Hon'ble Chief Justice of India had assured the then Executive Committee that the SCBA will be given a proper place for the office of the President, Secretary and a committee room in the said annexe building. The same can also be provided alongside the new Library to be created in the said annexe building."

The Application requests for the measures to be implemented on the partial lifting of the lockdown, i.e. 15^th May, and highlights the need for immediate upgradation of infrastructure and WiFi facility in the Supreme Court corridor so that the Advocates can appear through Video Conferencing.

It is also suggested that the Court should follow the system of rising for at least 15 minutes after finishing half the matters listed on that date on a Miscellaneous Day so that lawyers appearing in the second half need not crowd the Court till the matters of the first half are being considered.

"The Applicant strongly believes that all these measures listed above will also help in decongesting Courts which problem the Supreme Court has been facing in the last so many years causing severe inconvenience to the Senior Members in the Bar as well as the lady advocates practicing in the Court."

The Application concludes on the note that in order to ensure that justice delivery system is not hindered in the future due to any reasons whatsoever, there exists a need for the Court to take urgent steps in this regard.

Singh had previously penned a letter to the Chief justice of India S.A. Bobde enumerating various suggestion to deal with the short-term and long-term problems which are being faced by the Supreme Court, with an emphasis on video conferencing provisions in the Supreme Court Rules and modalities to reduce person-to-person contact in the Court premises.

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