The Delhi High Court on Monday declined to entertain a petition seeking adoption of virtual hearings as a norm in courts where physical presence of advocates, litigants and parties is not necessary.
A Bench of Chief Justice D.N. Patel and Justice Neena Bansal Krishna said the issue raised by advocate Mujeeb Ur Rehman, in his petition, was being considered by the High Court on its administrative side.
It said a decision with respect to the mode of hearing is being taken with the help of a committee of its sitting judges after due deliberation and that “looking at the pandemic, we are modifying the decision on the administrative side”.
Last month, the High Court had decided that it will, along with the district courts in the Capital, will resume complete physical functioning from March 2 onwards. The High Court and the district courts have been functioning through ‘hybrid’ or virtual hearing format since the onset of COVID-19 pandemic in March 2020.
Exceptional circumstances
In the administrative order, announcing the resumption of physical hearings, Registrar General Manoj Jain also pointed out that after complete resumption of physical hearing, “the courts may, in exceptional circumstances on a case-to-case basis, permit hybrid videoconferencing hearing”.
Mr. Rehman said that the COVID-19 pandemic is neither vanished nor all the people have been vaccinated for it, “so the danger is still continuing, and it may continue for years”.
“It’s not always necessary to be physically present before the court in each and every proceeding. In such proceedings, the counsels, litigants, parties and courts may opt for virtual hearing through videoconferencing to reduce the chances of unnecessary physical contacts with the public at large,” he said.
He further said: “The second aspect of virtual court proceedings is the optimum use of time and efficiency by both the courts and the counsels which in turn could be utilised to dispose of maximum number of cases on a daily basis and to reduce the huge pendency before the courts”.
