Lock Down And Court Functioning
Yatindra Singh
Retired Chief Justice Chhattisgarh High Court, Senior Advocate, Supreme Court India
It is not right to say that Courts are not functioning. They are open but are hearing only urgent cases by video conferencing. Here are some suggestions for the functioning of the courts.
In my opinion, time hasn't come to open the court for hearing by being present in the court rooms or fresh cases with hard copies. However, as the courts are only hearing urgent matter by video conferencing, it should be enlarged.
The courts may hear the already filed cases, irrespective of the fact that they are urgent or not, where one side is a private and the other side is union or any state, or any statutory body and the private party is willing to argue by video conferencing. In case both sides are private then, if both sides are willing to argue by video conferencing. In all such cases, written submissions may be accepted so that any point may not be missed.
In respect of fresh cases, only e-filing be accepted and same procedure be adopted. In case hard copies are still necessary they may be accepted by registered post.
In case, this procedure is successful then it may be also be adopted in cases, where witnesses are to be examined. The witnesses can be examined on video conferencing.
This procedure may be part of the functioning of the courts, when normalcy returns and lock down ends.
There may be suitable variations in the procedure but hearing or at least effort to start hearing for all cases must begin immediately. We should not loose any more time. We don't know how long will lock-down last.
Among the others, this procedure will have the following advantages:
1. The courts will be able to utilise the lock down time.
2. We will enhance our capacity/ familiarity with video conferencing, e-filing. This will facilitate paperless court work.
3. Counsel from outside Delhi can file and argue cases from their offices in their cities.
4. Counsel get their fees when they file, argue the cases. And many, especially except the privileged ones, are at present, having difficult time.
5. I know, many will disagree but in my humble view and little experience that I have - benches of the courts are not good idea. In case argument through video conferencing is successful then it may diminish the suggestion for benches of the courts - e-filing as well as arguments can be advanced from anywhere.
Irrespective of these suggestions, every court should cancel summer vacations. Courts should revise number of working days in their calender. We are already overburdened with cases and have unnecessary holidays.
This is the link to the announcement of the US Supreme Court that it will hear oral arguments by telephone conference. These are regular cases. If they can do it for regular cases, why can’t we.
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Verry important suggestions by u sir ... for utilisation of time n enhancing digitization ...already we have huge burden of cases ..it would further increase ...so to reduce no of cases n provide timely justice (Art 21) .. videoconferencing is needed to solve cases ..
Yes sir... I am agree with your point of views subject to the IT development in Indian Judiciary. .
I agree with all the points you have made Sir. But advocates of Allahabad High Court are not well known of technical support like video conferencing and are also very uncomfortable to hear the case through. The Allahabad High Court Bar should issue a trial video with detailed guidelines on how the advocates can hear their cases through video conferencing. Without a proper guidance Advocates will face difficulty in this lockdown to hear their cases. The Hon'ble Chief Justice of Allahabad High Court has issued detailed guidelines on how cases can be heard via Video conferencing. But there are some technical glitches, websites and links provided for e-filing and other works are not running properly. Youths should make their elders familiar with video conferencing and help in resolving minor technical glitches. In this uncertain and decisive time the role of the Bar is very essential to show the way to its members.
Advocate, Supreme Court & High Court, New Delhi
4 年It's should be done under well framed Rules
Advocate, Supreme Court & High Court, New Delhi
4 年There is a regular need of using this technique.. But when it becomes feasible for all three..Bench.Advocates and the parties litigating