Did u know? Apex court and other high courts and their subordinate courts takes new step and notifies rules for video conference hearing i.e. public will be now allowed to view virtual court proceedings. Pandemic have thrown challenge to use technology to the once best and judicial system is one of it, as litigants, judges, lawyers and other staffs come in contact with each-other and are prone to get infected.
Due to lockdown journalist are only allowed to view virtual court proceedings, now extended to public as well and found an alternative method for functioning with transparency.
The project was introduced on the basis of the “National policy and Action plan for the implementation of Information and communication Technology in India Judiciary 2005” The outbreak of pandemic has promoted courts to hold virtual hearings.
Meanwhile, Supreme court of India is very powerful court for several decades, but the court maintained no records, public could enter courtrooms with pass due to space constraint. This is the vital initiative from courts because, public must not feel as leftover and is part of the right to access justice, which is ensured under Article 21 of Constitution of India. It is good to know that courts now are adopting technology proactively.
The Video Conferencing Rules 2020 mandatorily mentions that there shall be no unauthorized recording during judicial proceedings by any of the individual. Matrimonial cases and those involving national security will be excluded. Permitted rule, extracted “In order to observe the requirement of an open court proceeding, members of the public will be allowed to view court hearing conducted through video conferencing, except proceedings ordered for reasons recorded in writing to be conducted in-camera. The court shall endeavour to make available sufficient links (consistent with available bandwidth) for accessing the proceedings.”
People who are interested in getting links for hearing can connect it through the concerned court master/officials by 9 p.m. i.e. one day before the court hearing. In case, one fails to get link one day prior can get it by 10 a.m. on the day of proceedings. No late request are going to be entertained once the hearing commenced, in exceptional case court will admit. Those who get the link should be make sure that video must be off and mic on mute.
Brief summary of the Video Conferencing Rules 2020:
It provides that person who is supposed to examined or the accused, can be recorded through video conference and the court will provide enough opportunity to the under trial to consult their counsel before the proceedings.
All relevant provisions including Contempt of Court Act, 1971; Indian Evidence Act, 1872; Information Technology Act, 2000; Civil Procedure Code; Criminal Procedure Code etc.
As far as judicial remand and examination of accused is concerned, the rule clarifies that “Ordinarily judicial remand in the first instance or police remand shall not be granted through video conferencing”
As per the interest of people open court rules are, public members are allowed to view court hearing through video conference with sufficient links and consistent bandwidth.
What are the requirements and protocols to be followed?
To begin with participants must be in sober attire and will be in professional attire prescribed under the Advocates Act, 1961 and police officer shall appear in the prescribed uniform. Addressing the bench also remains same as in physical for instance, judges will be addressed s “Your Honour” or “Sir/Madam”. Above all one must set right with their sufficient internet coverage to run smooth hearing. Participants must make sure that their cell/mobile phone must be switched off and are supposed to look into camera (on screen) and not to engage themselves in other activity during proceedings.
Merit
Important advantage is that it avoids traveling, cost efficient and need not to gather. It does not remove any of the procedures or steps which are supposed to be performed. Flexible schedules, can join through their work place. Witnesses will be more comfortable than the physical proceedings.
Demerit
It was noticed that virtual hearing by apex court was unpleasant. Dushyant Dave, President of supreme court bar association and senior advocate opined that “virtual hearing conducted by the supreme court was far from satisfactory and profoundly disappointing.”
There are many technical drawbacks, for instance unaware of how to use digital platforms (digital literacy lacuna), lack of power backup, issue with audio-video equipment etc. Besides these technical glitches, economical problems and dispute in the implementation goes hand in hand. Majority of risk is with false evidence and malicious testimony of witnesses. Human participation and oversight is less as compared to physical hearing.
To sum up, this is the time where Indian judiciary has to accept the virtual framework for proceedings. These accessible technologies can be used to reduce pending cases. No doubt the adoption of the method is for on going pandemic, it will not be continued. Moreover, virtual hearing can not replace the open court.