Lawstreet Journal

Substituting the Aura of Virtual Court to The Open Court System Is Not Contrary: Supreme Court

Lawstreet Journal 6 May 2020 7:15pm

Image courtesy: Lawstreet Journal Judiciary Substituting the Aura of Virtual Court to The Open Court System Is Not Contrary: Supreme Court

Supreme Court recently clarified that during the hard times of the COVID-19 pandemic, adapting the practice of “Court Hearings” through video conferencing is not against the concept of “Open -Hearing”.

Advancement in the technological aspects must be appreciated, welcome, and accepted by all the stakeholders as necessities of a fair adjudicatory process in a virtual court system, stated the court while further adding that though initially technological challenges must be faced by the virtual court system, efforts should be continued to strengthen its roots.

Recently, the Chairman of Bar Council of India advised the Chief Justice of India against the continuation of virtual hearing post lockdown as according to him this will adversely affect the “open court practice” and judicial transparency.

The supreme court said that the existence of the open court was developed when the technology was not so advanced. But, in this new era where technology controls every aspect of our lives, it cannot be said that the virtual courtrooms are, in any way, opposing the open court system.

In the detailed press note issued on Saturday, the Top Court said that the traditional open court system and new-age virtual court system are not contrary to each other, but both the systems co-exist.

For the process of open court hearings, the presence of Advocates, Litigants, and Media Representatives is allowed in the court premises. 

Since the same now has been acquired by the virtual court system, the Supreme Court said the essentials of an open court system, thus, are not the physical presence of… Continue Reading...


Tagged: Virtual Court   Lockdown  
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