The Supreme Court on Wednesday refused to issue directions making virtual hearings mandatory for the next three months in miscellaneous matters over concerns relating to fuel consumption, traffic congestion and environmental impact, observing that such issues should be addressed through cooperation between the Bar and court administration rather than through judicial orders.
The petitioner urged the Bench of Chief Justice of India Surya Kant, Joymalya Bagchi and Vipul M Pancholi to introduce temporary arrangements to reduce fuel usage and ease commuting difficulties faced by lawyers. He submitted that the judiciary, as a leading institution, could play a significant role in addressing the ongoing fuel crisis by encouraging remote participation in court proceedings.
The counsel for the petitioner argued that conducting VC hearings would help conserve petrol and diesel while also reducing pollution and traffic-related hardships. Drawing attention to the conditions outside court premises, she pointed out that drivers often kept vehicles running with air conditioners switched on while lawyers attended hearings inside the courtroom, thereby contributing to unnecessary fuel consumption.
The Bench acknowledged the concerns raised and said it was sympathetic to the larger environmental and logistical issues highlighted in the plea. However, the Court made it clear that such measures could not be enforced through judicial directives. The Bench observed that any transition towards wider virtual participation would require consensus and collaboration among stakeholders, including Bar Associations, the Bar Council and court administration.
The Court further stated that adequate technological infrastructure for virtual hearings already existed following its extensive use during the Covid-19 pandemic. It added that if the Bar collectively decided to increase reliance on hybrid or virtual systems, the Court would be willing to extend all necessary infrastructural and logistical support.
CJI Kant remarked that, as head of the judicial institution, he could only make an earnest appeal to members of the Bar and could not impose restrictions preventing lawyers from physically attending court.
The petitioner also highlighted the issue of prisoners being transported to courts for routine remand proceedings. In response, the Court noted that several States already conduct such proceedings virtually and said specific administrative concerns could be addressed separately through appropriate channels.
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