Supreme Court closes case on right to virtual court access; asks petitioners to approach HC E-Committees

The Supreme Court on Thursday closed the case filed during the COVID-19 pandemic concerning right of lawyers, litigants and others to participate in court proceedings through virtual courts/ video conference [All India Association of Jurists & Anr. v. High Court of Uttarakhand & Ors.].A Bench of Justices Vikram Nath and Sandeep Mehta refused to issue any directions in the case and said that grievances regarding restricted access to virtual hearings in High Courts must be addressed on the administrative side by the concerned High Court, E-committees and other bodies like the National Court Management Systems (NCMS) and Supreme Court Management Systems (SCMS).“This is not something we can decide on the judicial side. These are administrative issues,” Justice Nath remarked..Therefore, while declining to pass orders, the Court granted liberty to the petitioners to approach such committees with relevant material."The issues raised may be addressed by the e-committees of the respective High Courts or other relevant administrative bodies such as NCMP and SCMS. The petitioners shall be at liberty to make representations and submit supporting material,” the Court said. .The Court also refused to initiate contempt action against High Court officials for non-compliance with earlier directions.“Are we going to start issuing contempt notices to Registrars of the High Courts?” Justice Mehta asked.The Bench eventually disposed of the petitions. .Interestingly, the Bench headed by former Chief Justice of India (CJI) DY Chandrachud had taken keen interest in the case and had even allowed the petitioners to add High Court E-Committees as parties to the case.That Bench had also taken exception to certain High Courts doing away with virtual hearings after the pandemic subsided..The petitions were filed during the COVID-19 pandemic seeking open access to video conferencing links for lawyers and litigants, even in matters where they are not parties.The lead petition by All India Jurists Association sought a declaration that right to participate in court proceedings through virtual courts link is a fundamental right under Article 19(1)(a) and (g) of the Constitution..The petitioners argued that many High Courts restrict access to video links provided in causelists, preventing lawyers or litigants from watching court proceedings unless they are directly involved in the matter. They also flagged concerns over the audio of judges being muted during hearings in some courts, making it impossible to follow proceedings, even in matters of public interest. They contended that such restrictions undermine the principle of open court hearings and violate the spirit of the Supreme Court’s 2018 judgment in Swapnil Tripathi v. Supreme Court of India, where the top court had endorsed live streaming as a means of advancing transparency in court functioning..Today, Additional Solicitor General Vikramjeet Banerjee, appearing for respondents, pointed out that the petitions were framed in the unique context of the pandemic and that procedural circumstances have since evolved..The Court ultimately disposed of the petitions, granting liberty to the petitioners to approach the administrative bodies of concerned courts which deal with digital infrastructure and access to courts.Advocates Siddharth R Gupta and Sriram Parakkat appeared for All India Jurists Association. .[Read Order]