"Some Want Courts To Open, Others Do Not": Supreme Court On Plea Seeking Declaration Of VC Hearing As Fundamental Right

The Bench of Chief Justice of India NV Ramana and Justice Surya Kant observed thus when a plea, challenging the recent decision of the Uttarakhand High Court under which the functioning of virtual courts has been terminated by the High Court and the Court has reverted to full physical functioning, was mentioned before the Bench.

The plea has been filed by All India Jurists Association, a body that consists of more than 5,000 lawyers across the country, and a legal journalist associated with Live Law, Sparsh Upadhyay.

"We will look into it. Some want courts to remain open, others don't want the same," the Bench remarked.

The Court observed thus, after Advocate Siddharth R Gupta, who was appearing for the petitioners in the matter, submitted before the Court that the Uttarakhand High Court, vide its official order, has decided to stop virtual hearing altogether and which is now causing inconvenience to the litigants and lawyers.

It was also contended by Advocate Gupta that recently the Chairperson of the Supreme Court e-committee, Justice DY Chandrachud had requested the all the High Courts across the country to continue with the hybrid mode of hearing of cases.

Gupta also pointed out that first Uttarakhand High Court, then Gujarat High Court, slowly and slowly all the High Court's migh shut down virtual courts. 

Background

It may be noted that on August 16, 2021, the Uttarakhand High Court, through its Registrar General, passed an Administrative Order which read as follows:

"Hon'ble Court is pleased to direct that the Hon'ble Court will resume normal judicial work only through physical mode w.e.f. 24.08.2021, and no request for virtual hearing will be entertained by the High Court."

In this regard, the plea filed by the Association and the Journalist, avers that the decision of the Uttarakhand High Court is a 'death-knell for virtual courts in India.

The petition also pleads that post Covid- 19 pandemic after commissioning and installation of the entire virtual court infrastructure in the Constitutional Courts (in the High Courts of the country), denial of access to the facility of conducting cases through virtual mode is akin to denial of Fundamental Rights under Article 19 read with 21 of the Constitution of India.

The petition has been drawn and settled by counsel Mr. Siddharth R. Gupta and the same has been filed through AOR Mr. Shriram Parakkat.

The Case Status of the WP of Assn. still displays it to be on Diary No. With defects yet to be pointed out.