New Delhi, Feb 13.
Hybrid hearings will continue in the High Court, Chief Justice of India D.Y. Chandrachud said on Monday, to reduce litigation costs and make justice accessible to all. He also frowned on High Court Chief Justices dismantling covid-era technological infrastructure set up with public money.
I am “disturbed” that some Chief Justices are dismantling the infrastructure set up during the covid era, the CJI said, because they don’t understand technology.
“This is public money. I am sorry. This is not the way to deal with public money. It doesn’t matter that you don’t understand technology or not. This is public infrastructure,” he said.
“We will pass orders asking all Chief Justices to carry the mission e-courts forward,” the CJI said. “… whether or not they understand technology,” the bench, which also included P.S. Narasimha and J.B. Pardiwala, said.
The CJI was expressing his views on some High Courts completely shutting down the hybrid option and online hearings. “Judges can’t say that we are coming to court and so must lawyers. That begs the question. The condition in which judges operate is very different in which lawyers operate.”
The CJI also struck a cautionary note, warning all stake-holders against making technology exclusionary. “Technology must lead to inclusion. Not leave out some or lead to exclusion.”
“We now have to take it to the lowest level – down to the taluka and village level.”
The judiciary has signed a memorandum of understanding with common service centres being set up by the government for including e-seva kendras of the courts, he said.
The CJI referred to the recent allocation of Rs 7000 cr in the budget for the e-courts mission. “This is not for us. High Court Chief Justices must carry the mission forward.”
Technology is friendly, he said, and will ease many problems. “We must ensure that everyone is online,” he said, after he had heard out lawyers who claimed that they were being stopped from appearing virtually.
The CJI, however, did not pass detailed orders on this. Instead, he said, that he would pass orders after getting suggestions from all stake-holders. He was dealing with a plea to make virtual hearings a fundamental right. The court will hear this aspect at a later date.
The disposal rate in virtual mode was more than physical courts, one lawyer claimed. The CJI eventually asked the BCI chairman Manan Kumar Mishra to come up with more ways to ensure that technology reaches the lowest levels.
Towards this end, we have provided judgements in all Indian languages, and also the e-scr service for lawyers who cannot afford it, the CJI said. Private software to access judgements costs around Rs 50,000 per year.
The CJI headed the Supreme Court e-committee but has now handed over charge of this mission to Justice Abhay Oka, he indicated.
The Indian judiciary switched virtually overnight to the online mode amidst the pandemic induced pandemic. Since then, a hybrid mode has continued in the top court, a facility which allows lawyers from far-flung areas to appear in court without travelling for hundreds and thousands of kilometres.
