P&H HC Lawyers' Plea For Hybrid Hearings : Supreme Court Says HC May Consider On Administrative Side

In a plea challenging the Punjab and Haryana High Court's decision to completely prohibit access to hybrid hearings following the resumption of physical hearings, the Supreme Court on Monday granted petitioners the liberty to move to the Chief Justice of Punjab and Haryana High Court to address the grievance on an administrative side. The direction was given by a bench comprising CJI DY Chandrachud and Justice JB Pardiwala.

At the outset, CJI DY Chandrachud orally remarked that the matter should be heard by the Punjab and Haryana High Court and not the Supreme Court. He said–

"We will say liberty to move to the High Court on an administrative side."

However, the counsel appearing for the petitioner, AOR Ruchi Gupta, said–

 "Nothing has been done by the High Court so far. The High Court has not only directed that they will be taking cases physically, any request for any virtual hearing has also been stopped."

Taking into note the grievance raised by the petitioner, the bench led by CJI DY Chandrachud dictated the following order–

"The grievance of the petitioners is that High Court of the Punjab and Haryana has completely prohibited access to hybrid hearings following the resumption of physical hearings on 28th March 2022. We are of the considered view that the grievance of the petitioners can be suitably addressed by the Chief Justice of High Court of Punjab and Haryana High Court on the administrative side, particularly having regard to the investment of public funds which have been made as a part of the e-courts project."

The court permitted the petitioners to move a representation on that behalf to the Chief Justice of High Court of Punjab and Haryana High Court. The bench added–

"Since there has been a deployment of public funds for setting up the ICT infrastructure under the e-courts project, the High Court may take an appropriate call in this regard."

Related - CJI DY Chandrachud's Strong Message To HC CJs : Don't Disband Hybrid Hearing Option, Technology Was Not Only For Pandemic Time

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