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2024 (2) TMI 1152 - SC - Indian LawsAccess to Technology in Courts - Hearings through hybrid mode or video conferencing - Lack of Uniformity - Infrastructure and Connectivity - Requirement to file affidavit detailing video conferencing hearings taken place in the last three months - whether any courts are declining to permit video conferencing hearings - request to assist the court with data on hybrid hearings in the tribunals under various ministries of the Union Government on the next date of hearing - HELD THAT - During the course of the hearing, it has emerged that whereas several High Courts do have facilities for video conferencing, very few High Courts are operating through the hybrid mode of hearing. The infrastructure which is required for conducting hybrid hearings may be of a different order as compared to the infrastructure for video conferencing. Bearing in mind the above situation as it has emerged across the country in the High Courts, Mr Gaurav Agrawal and Mr K Parameshwar, counsel, nominated as amici curiae. The amici curiae are requested to collate all the information which has been provided in the affidavits which have been filed before this Court in a tabulated chart so that further effective orders can be passed by this Court. The amici curiae may also distribute the work in connection with the High Courts between them and individually contact the Registrars General/Registrars (IT) of the High Courts so that necessary information can be placed before this Court in that regard. The amici curiae shall also place before this Court the steps which have been taken by all the High Courts to facilitate e-filing. The use of technology by the Bar and the Bench is no longer an option but a necessity. Members of the Bench, the Bar and the litigants must aid each other to create a technologically adept and friendly environment. The directions given below must be implemented by all concerned stakeholders in letter and in spirit. (i) After a lapse of two weeks from the date of this order, no High Court shall deny access to video conferencing facilities or hearing through the hybrid mode to any member of the Bar or litigant desirous of availing of such a facility; (ii) All State Governments shall provide necessary funds to the High Courts to put into place the facilities requisite for that purpose within the time frame indicated above; (iii) The High Courts shall ensure that adequate internet facilities, including Wi-Fi facilities, with sufficient bandwidth are made available free of charge to all advocates and litigants appearing before the High Courts within the precincts of the High Court complex; (iv) The links available for accessing video conferencing/hybrid hearings shall be made available in the daily cause-list of each court and there shall be no requirement of making prior applications. No High Court shall impose an age requirement or any other arbitrary criteria for availing of virtual/hybrid hearings; (v) All the High Courts shall put into place an SOP within a period of four weeks for availing of access to hybrid/video conference hearings. In order to effectuate this, Justice Rajiv Shakdher, Hon ble Judge of the High Court of Delhi is requested to prepare a model SOP, in conjunction with Mr Gaurav Agrawal and Mr K Parameshwar, based on the SOP which has been prepared by the e-Committee. Once the SOP is prepared, it shall be placed on the record of these proceedings and be circulated in advance to all the High Courts so that a uniform SOP is adopted across all the High Courts for facilitating video conference/hybrid hearings; (vi) All the High Courts shall, on or before the next date of listing, place on the record the following details (a) The number of video conferencing licences which have been obtained by the High Court and the nature of the hybrid infrastructure; (b) A court-wise tabulation of the number of video conference/hybrid hearings which have taken place since 1 April 2023; and (c) The steps which have been taken to ensure that Wi-Fi/internet facilities are made available within every High Court to members of the Bar and litigants appearing in person in compliance with the above directions. (vii) The Union Ministry of Electronics Information Technology is directed to coordinate with the Department of Justice to ensure that adequate bandwidth and internet connectivity is provided to all the courts in the North-East and in Uttarakhand, Himachal Pradesh and Jammu and Kashmir so as to facilitate access to online hearings; (viii) All High Courts shall ensure that adequate training facilities are made available to the members of the Bar and Bench so as to enable all practising advocates and Judges of each High Court to be conversant with the use of technology. Such training facilities shall be set up by all the High Courts under intimation to this Court within a period of two weeks from the date of this order; and (ix) The Union of India shall ensure that on or before 15 November 2023, all tribunals are provided with requisite infrastructure for hybrid hearings. All Tribunals shall ensure the commencement of hybrid hearings no later than 15 November 2023. The directions governing the High Courts shall also apply to the Tribunals functioning under all the Ministries of the Union Government including CESTAT, ITAT, NCLAT, NCLT, AFT, NCDRC, NGT, SAT, CAT, DRATs and DRTs. List the proceedings on 6 November 2023.
Issues Involved:
1. Adoption and implementation of video conferencing and hybrid hearings in High Courts and Tribunals. 2. Infrastructure and funding requirements for hybrid hearings. 3. Standard Operating Procedures (SOPs) for electronic access to court hearings. 4. Internet connectivity and technological facilities in court precincts. 5. Training for the use of technology in courts. Summary: Adoption and Implementation of Video Conferencing and Hybrid Hearings: The Supreme Court directed the Registrars General of all High Courts, NCLAT, NCDRC, and NGT to file affidavits detailing the number of video conferencing hearings conducted in the last three months and whether any courts are declining such hearings. Various High Courts have complied, while some have sought extensions. The NGT and NCDRC are conducting hybrid hearings, and the NCLAT requires infrastructural upgrades with funds to be provided by the Union Government. A joint meeting is mandated to resolve pending issues and enable hybrid hearings within four weeks. Infrastructure and Funding Requirements: The Court emphasized the need for adequate infrastructure and directed State Governments to provide necessary funds to High Courts for implementing video conferencing and hybrid hearings. The Union Ministry of Electronics & Information Technology must ensure adequate bandwidth and internet connectivity, especially in the North-East, Uttarakhand, Himachal Pradesh, and Jammu and Kashmir. Standard Operating Procedures (SOPs): The Court noted the absence of a uniform SOP for electronic access to hearings, leading to arbitrary criteria and restrictions. Justice Rajiv Shakdher is requested to prepare a model SOP in conjunction with amici curiae, Mr. Gaurav Agrawal and Mr. K Parameshwar, to be adopted uniformly across all High Courts. Internet Connectivity and Technological Facilities: The Court highlighted the lack of Wi-Fi and internet connectivity in many High Courts, impeding electronic access. High Courts must ensure free internet facilities for advocates and litigants and include video conferencing links in the daily cause-list. The Court also directed the provision of adequate training facilities for the Bar and Bench to use technology effectively. Training for the Use of Technology: All High Courts are instructed to set up training facilities for advocates and Judges within two weeks. The Union of India must ensure that all tribunals have requisite infrastructure for hybrid hearings by 15 November 2023, with the directions applicable to all Tribunals under Union Ministries. Conclusion: The Supreme Court underscored the necessity of technology in ensuring access to justice and directed the implementation of hybrid hearings without arbitrary restrictions. The Court mandated comprehensive measures to enhance technological adoption in courts, emphasizing the collaborative effort required from all stakeholders. Next Hearing: The proceedings are listed for 6 November 2023.
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