Court hearing in congregation must become an "exception" during the "extraordinary outbreak" of COVID-19 pandemic and it is necessary that all courts respond to the call of social distancing to ensure they do not contribute to the spread of virus, the Supreme Court said on Monday.
Passing a slew of directions for all courts across India, it said that the apex court and all the high courts are authorised to adopt measures required to ensure robust functioning of judicial system through the use of video conferencing.
Observing that "technology is here to stay", the top court passed the directions by exercising its plenary power under Article 142 of the Constitution and said that all the measures which shall be taken by the courts to reduce physical presence of stakeholders within its premises "shall be deemed to be lawful".
A bench headed by Chief Justice S A Bobde said, "consistent with the peculiarities of the judicial system in every state and the dynamically developing public health situation", every high court would be authorised to determine the modalities suitable to the temporary transition to the use of video conferencing technologies.
"All measures that have been and shall be taken by this court and by the high courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful," said the bench, also comprising Justices D Y Chandrachud and L Nageswara Rao.
The bench said the outbreak of coronavirus or COVID-19 in several countries including India has necessitated immediate adoption of measures to ensure social distancing to prevent transmission of the virus, and the apex court as well as the high courts have adopted measures to reduce physical presence.
"Access to justice is fundamental to preserve the rule of law in the democracy envisaged by the Constitution of India. The challenges occasioned by the outbreak of COVID-19 have to be addressed while preserving the constitutional commitment to ensuring the delivery of and access to justice to those who seek it," the bench said, adding, "Court hearings in congregation must necessarily become an exception during this period."
"If necessary, in appropriate cases courts may appoint an amicus-curiae and make video conferencing facilities available to such an advocate," it said, adding, "Until appropriate rules are framed by the high courts, video conferencing shall be mainly employed for hearing arguments whether at the trial stage or at the appellate stage."
While making it clear that "these directions shall operate until further orders", the top court said that these directives have been issued in "furtherance of the commitment to the delivery of justice."