SC asks HCs to ensure hybrid mode hearings in 2 weeks

“Just as you cannot as a judge say you don’t know what res judicata is or I do not know what interpretation of statutes is, if you want to be a judge in the country, you have to know how to use technology, just like if you have to drive a car on the road, you have to have a licence to drive the car,” he said.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, in its direction said that “after the lapse of two weeks from 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 such a facility”.

The apex court also asked all state governments to provide necessary funds to the High Courts to put into place the facilities required within two weeks and directed that the High Courts shall ensure that adequate internet facilities, including Wi-Fi facilities, are made available free of charge to all advocates and litigants.

The bench ordered that the links for accessing hybrid mode hearing shall be made available in the causelist and there should be no requirement of making prior applications.

It further directed all High Courts to put in place a Standard Operating Procedure within four weeks for availing access to hybrid video conferencing hearing.

The bench was hearing a petition, which complained about the lack of hybrid hearing facilities in the Punjab and Haryana High Court. Hearing it earlier, it had issued notice to all High Courts and sought status reports.

Taking it up Friday, CJI Chandrachud was critical of the Bombay and Allahabad High Courts.

“Allahabad High Court is a complete offender. The infrastructure has been completely shut down,” he said.

The counsel appearing for the High Court, however, pointed out that the Lucknow bench of Allahabad High Court had heard 1,730 cases through video conferencing in the past three months.

He said there was a difference between infrastructure for video conferencing and hybrid hearings. While the former was set up during Covid times, the infra for hybrid hearing was never put in place after the pandemic as lawyers wanted to physically return to the courts, he said.

He added that there is an arrangement for hybrid hearing in six courts now and that the High Court had called for bids from companies that installed the hybrid system in SC.

“Every judge in the system has to be trained. Even my colleagues in the SC are being trained,” he said, and asked: “Why should the HC judges be so reticent about using technology?”