Physical Hearings Happened For 70 Years, No Harm If We Go Back To It: Supreme Court In Plea Seeking Continuance Of Virtual Courts

The Supreme Court of India today agreed to hear a clutch of pleas filed before it seeking continuance of virtual court and hybrid mode, in December 2021.

The matter was mentioned by Senior Advocate Mr. Sidharth Luthra before the Bench of Justice L. Nageswara Rao and Justice Abhay S. Oka, who queried Mr. Luthra in a lighter vein that effectively the Writ Petitions are infructuous with the physical opening of all the Courts. 

In response to this, Senior Advocate Luthra said that it would be the last Court to make access to Virtual Courts through Hybrid Mode infructuous as we (referring to the petitioners) have filed the Petition on the basis of the directives issued by the E-Committee of this Court itself to all High Courts. 

To this, Justice L. Nageswara Rao orally observed that the matter will have to be heard physically when the Courts open completely as then, the submissions would be more effective and persuading.

In response to this, Senior Advocate Luthra said that he os ready to argue the matter physically, however, he did add that the issue in the pleas is about access to Courts through affordable, cost-effective, and cheap mode.

"By the time we wait for all the Courts to open physically, everything would become irreversible. High Courts have started closing down Virtual access completely even though the Hybrid option which was available everywhere," said Senior Advocate Luthra.

He also referred to an interlocutory application pending before the Supreme Court which relates to the latest SOP of the Madhya Pradesh High Court, wherein, a challenge had been made to the High Court's decision to close down even their Hybrid option.

"So much money and resources has been invested, let it continue. Madhya High Court has invested huge amounts in purchasing their virtual application recently and within a week thereafter they closed it," said Senior Advocate Luthra. 

Read more about the application and the matter here: Plea In Supreme Court Challenges MP High Court's Decision To Resume Physical Hearings

Importantly, after assuring Senior Advocate  Luthra that a date would be given by the Court in December and the matter would be heard at length, the Bench did observe that there are many issues involved in the matters including the effectiveness of personal presence of Senior Counsels.

Further Justice Rao orally observed thus:

"The other day Mr Patwalia appeared before us physically for a final hearing matter and we could feel the difference in his submissions, which used to make on screen and then physically. We shared our thoughts with him as well. So many Seniors Advocates have also started coming physically. After all, it has happened for 70 years, there is no harm if we restore the system back to normal as it had been."

It may be noted that All India Jurist Association along with Legal Correspondent Sparsh Upadhyay have already moved a Writ Petition before the Supreme Court of India through AOR Mr. Sriram Parakkat challenging Uttarakhand High Court's decision to completely suspend the option of Virtual Hearing in the High Court and instead required all the parties to be represented Physically.