Supreme Court on Friday Prima facie Hybrid court hearings, which are a combination of physical and virtual modes of court proceedings, as a permanent feature were not approved.
The court said that the virtual mode of hearing was specially introduced to meet the extraordinary circumstances of the pandemic.
In a hybrid system, only a few lawyers appear in court. A bench headed by Justices L Nageswara Rao and BR Gavai said the hybrid options would involve lawyers from overseas locations around the world arguing while the judges sit in the courtroom. The court building cannot remain closed. Physical courts have to be started.
“We want the courts to be opened to the public… For the last two months, we have made physical hearing optional and we have not seen a lawyer in court for most of the days. Seeing an alternative, people can go to their offices. Very comfortable,” Justice Rao said.
The court said the hybrid system would eventually sound the death knell for physical courts. “Also, how will lawyers argue when in one case they have to physically appear in court and in another they have to be in virtual mode? You have an argument inside the courtroom and then come out in the corridor and argue on your mobile?” Justice Rao asked.
The court was hearing a petition filed by the National Federation of Societies for Fast Justice to uphold the hybrid option and declare the virtual system of courts a fundamental right as it helps common citizens to access courts.
The petitioners compared the virtual hearing to live streaming.
But Justice Rao said that virtual hearing is different from live streaming.
“It is one thing to say that proceedings should be telecast… It is another thing to say that hopefully even after we get rid of COVID, this institution should be closed because virtual hearing is a fundamental right,” Justice Rao distinguished.
However, the court has issued notice in the matter.
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