Summary
The Supreme Court issued nationwide directions for effective virtual and hybrid access to High Courts and Union tribunals. It prohibited denial of the facility after two weeks, arbitrary age restrictions and prior-application requirements; required cause-list links, free internet access, training and a uniform procedure; and set infrastructure deadlines. The proceedings remained pending for compliance monitoring.
Issues
- What measures were required to make virtual and hybrid hearings genuinely accessible across High Courts and tribunals.
- Whether age restrictions, advance-application requirements and inadequate connectivity could restrict access.
Held
- After two weeks, High Courts must not deny video-conference or hybrid access to lawyers or litigants seeking it. Links must appear in daily cause lists without a prior application, and arbitrary age or similar restrictions were prohibited. (¶¶ 10, 14(i), 14(iv), 16)
- States must supply the necessary funds. High Courts must provide free adequate Wi-Fi or internet within their complexes and establish training within two weeks; a uniform procedure was to be developed and implemented within four weeks. (¶¶ 14(ii), 14(iii), 14(v), 14(viii))
- High Courts were required to report their licences, infrastructure, hearing numbers and connectivity measures. Central ministries were directed to address adequate bandwidth in the specified regions, while appointed amici would collate information and e-filing progress. (¶¶ 13, 14(vi), 14(vii))
- NCLAT and NCLT were directed to enable optional hybrid hearings within four weeks, supported by ministerial coordination. All Union tribunals were to have the requisite infrastructure and commence hybrid hearings by 15 November 2023; APTEL facilities were separately required within one month. (¶¶ 6, 14(ix), 15)
- Technology is necessary to effective access to justice. Restrictive practices that discourage its use undermine access and efficiency; the directions must be implemented in letter and spirit. (¶¶ 16, 17)
Result
Directions issued for High Courts, States, Union ministries and tribunals; compliance information required. Proceedings listed for 6 November 2023, with appointed amici assisting further monitoring.