Supreme Court judge Justice S Ravindra Bhat on Saturday stressed on the need to adapt to the technological changes by courts in view of the COVID-19 pandemic.
Justice Bhat said that technological advancements have taken place at regular intervals across the world and that the legal system cannot be left out of this.
"Review of procedural systems are the need of the hour comprehensively. Piecemeal reforms cannot be done," Justice Bhat said.
The Supreme Court judge, however, said that in cases where some kind of punishment has to be inflicted or in trials, especially in criminal cases, the virtual courts or video conferencing facility was not the answer.
Speaking on the subject of 'Justice Delivery in the Digital Age: The Future Emerges from the Present' in a Webinar organised by a law portal, Justice Bhat said the trials, where physical examination of a witness or an accused is needed, the proceedings have to be held in real courtrooms as "demeanors, body language, of a person become vital and necessary" to impart justice and ensure fair trial.
"COVID-19 unlike pandemic of the past has made possible that humankind and the legal system can switch over to a platform which is easily available. COVID-19 has brought about a change where things are going to change," the apex court judge said.
Justice Bhat also said that there are issues such as the lack of internet usage outreach in India and a large number of internet users are young and belong to larger cities.
"It has also to be seen that broadband capacity is low in India, for virtual courts to work effectively, this needs to be expand," Justice Bhat said, adding that the CJI should demand for sophisticated broadband services that can be used extensively for the justice delivery system.
Justice Bhat said there has been an impression that lawyers and the courts are "unsure of technology and reluctant to change".
"Change the way you look at things and things you look at will also change," said Justice Bhat while asking lawyers to adapt to the technological change which has come about fast due to the COVID-19 pandemic.
He said the age is just a number and gave example of a US judge and various senior Indian judges who due to sheer zeal to learn, adapted to technology.
He said every profession was undergoing a change and the need for digitisation in the justice delivery system has been felt.
He also referred to the importance of artificial intelligence (AI) in the present times and said that though some law firms have been using it, but the use of AI has not reached to the level of desired sophistication.
"Machine learning in AI are based on patterns of past behaviour. The data is based on structured outcomes. Predictive coding, however, sometimes cannot factor in the "silver bullet" sometimes. AI has not yet come to that stage," he said.
He said that the introduction of e-traffic courts have reduced the number of judicial officers needed to handle these cases in Delhi and said, "earlier 10 to 15 judges were required and now with the introduction of e-courts, two-three judges can deal with the traffic cases".
He said that the real courtroom trials are needed in family and civil disputes.
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