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TMI Blog2024 (2) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. - HON'BLE THE CHIEF JUSTICE DR DHANANJAYA Y CHANDRACHUD HON'BLE MR. JUSTICE J.B. PARDIWALA AND HON'BLE MR. JUSTICE MANOJ MISRA For the Petitioner : Petitioner-in-person Mr. Varinder Kumar Sharma, AOR Mr. V Giri, Sr. Adv. Mr. Setu Niket, Adv. Mrs. Esha Mazumdar, Adv. Ms. Priyanjali Singh, AOR Mr. Siddharth R. Gupta, Adv. Mr. Shantan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Shovan Mishra, AOR Mr. Gautam Narayan, AOR Mr. Gautam Narayan, Adv. Ms. Asmita Singh, Adv. Mr. Harshit Goel, Adv. Mr. Sujay Jain, Adv. Mr. K.v. Vibu Prasad, Adv. Mr. Abhimanyu Tewari, AOR Mr. Nidhesh Gupta, Sr. Adv. Ms. Eliza Bar, Adv. Mr. Siddhant Saroha, Adv. Mr. Sidhant Awasthy, Adv. Mr. Praveer Singh, Adv. Mr. Manav Bhalla, Adv. Mr. Gopal Jha, AOR Mr. Umesh Kumar Yadav, Adv. Mr. Shreyash Bhardwaj, Adv. Ms. Enakshi Mukhopadhyay Siddhanta, AOR Mr. Sovon Siddhanta, Adv. Mr. S. Silambarasan, Adv. Mr. K. G. Kannan, Adv. Mr. Saravanan A., Adv. Ms. Uttara Babbar, AOR Mr. Naresh K. Sharma, AOR Petitioner-in-person Mr. Arjun Garg, AOR Mr. Aakash Nandolia, Adv. Ms. Sagun Srivastava, Adv. Mr. Virender Ganda, Sr. Adv. Mr. Vipul Ganda, Adv. Mr. Satyajit A Desai, Adv. Mr. Siddharth Gautam, Adv. Ms. Dipika Ganda, Adv. Ms. Akanksha Mahur, Adv. Ms. Nirti Dua, Adv. Mr. Abhinav K. Mutyalwar, Adv. Mr. Gajanan N Tirthkar, Adv. Mr. Vijay Raj Singh Chouhan, Adv. Ms. Anagha S. Desai, AOR Mr. Tushar Mehta, Solicitor General Dr. Reeta Vasishta, Adv. Mr. Kanu Agrawa, Adv. Mrs. Bani Dixit, Adv. Mr. Shreeyash U Lalit, Adv. Mrs. Tomthinnganb Koijam, Adv. Mr. Arvind Kumar Sharma, AOR Mr. K.M. Nataraj, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Aanchal, Adv. Ms. Aparna Arun, Adv. Mr. Akhil Hasija, Adv. Mr. Gurjas Singh Narula, Adv. Mr. T. R. B. Sivakumar, AOR Mr. Shreyas Gacce, Adv. Mr. Mukesh Kumar, AOR Mr. Himanshu Shekhar, AOR Mr. Parth Shekhar, Adv. Mr. Shubham Singh, Adv. Ms. Ambali Vedasen, Adv. Ms. Rachna Ranjan, Adv. Ms. Enakshi Mukhopadhyay Siddhanta, AOR Mr. Sovon Siddhanta, Adv. Mr. S. Silambarasan, Adv. Mr. K. G. Kannan, Adv. Mr. Saravanan A., Adv. Mr. Ahantham Henry, Adv. Mr. Ahantham Rohen Singh, Adv. Mr. Mohan Singh, Adv. Mr. Kumar Mihir, AOR Mr. Raj Kishor Choudhary, AOR Ms. Uttara Babbar, AOR Mr. Venkita Subramoniam T.R, Adv. Mr. Likhi Chand Bonsle, Adv. Ms. Komal Mundhra, Adv. Mr. Rahat Bansal, Adv. Ms. Komal Mundhar, Adv. Mr. Raghavendra S. Srivatsa, AOR ORDER 1. On the last date of hearing, i.e. 15 September 2023, notice was issued to the Registrars General of all the High Courts, the National Company Law Appellate Tribunal [ NCLAT ], the National Consumer Disputes Redressal Commission [ NCDRC ], and the National Green Tribunal [ NGT ]. They were directed to file an affidavit detailing (i) how many video conferencing hearings have taken place in the last three months; and (ii) whether any courts ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a period of one week and that all pending issues, including the availability of funds are sorted out so as to enable the NCLAT to conduct hybrid hearings. Simultaneously, a meeting shall also be held with the Chairperson of the National Company Law Tribunal [ NCLT ] within a period of two weeks. The NCLAT and NCLT shall ensure that hybrid hearings are made available at the option of the appearing lawyers, or the litigants, as the case may be, within a period of four weeks from the date of this order. 7. Mr K M Nataraj states that a tabulated statement indicating the position of other Tribunals falling under various Ministries of the Union Government shall also be placed on the record by the next date of hearing. 8. During the course of the hearing, we have heard the following counsel on behalf of the High Courts: (i) Mr K Parameshar for the High Court of Judicature at Allahabad; (ii) Dr Birendra Saraf, Advocate General has appeared on behalf of the State of Maharashtra with Mr Sandeep Deshmukh for the High Court of Judicature at Bombay; (iii) Mr Kunal Chatterji for the High Court at Calcutta; (iv) Mr Apoorv Kurup for the High Court of Chhattisgarh; (v) Mr P I Jose for the Gauhat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Bar and litigants within the precincts of the High Court. In the absence of adequate connectivity, it is not possible for the members of the Bar and litigants to access the internet within the precincts of the High Courts. Links for video conferencing hearings are not provided in the cause-list. Many High Courts have not yet adopted online filings which would complement the hearings through video conferencing or in the hybrid mode. We are also concerned about the absence of adequate internet activity in the North-East States. 12. During the course of the hearing, it has also 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. 13. Bearing in mind the above situation as it has emerged across the country in the High Courts, we nominate Mr Gaurav Agrawal and Mr K Parameshwar, counsel, as amici curiae. The amici curiae are requested to collate all the information which has been provided in the affidavits which have been filed befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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