If you ask them, every legal professional has a different perspective about online proceedings. Some declare it as epitome of transparency while some are not able to adjust. The Supreme Court has a message for the second category.
CJI on online proceedings
CJI D Y Chandrachud has made it clear that the use of technology during Covid was not temporary. He was hearing a plea seeking virtual hearing a fundamental right. Lots of concerns were raised. For instance, Advocate S Prabhakaran pointed out that in rural areas, accessing technology is a difficult task.
The CJI replied that banning technology is not the way forward. Instead, making technology available to the grassroots is the answer. The CJI informed that in phase-3 of eCourts project, e-Seva Kendras are being established. Lawyers in rural areas without proper Internet can go there and avail all services. According to CJI, Rs 7,000 crore has been allotted for the 3rd phase of e-Court projects.
High Courts need to change their attitude
The CJI also expressed his criticism for those High Courts who are yet to come to terms with reality and are just doing away with technological infrastructure that the Apex Court created for virtual hearing. The CJI lamented the waste of public money and added, “Irrespective of whether a Chief Justice is technology friendly or not, this is not how you deal with public money. You have to ensure that infrastructure is available.”
In the Swapnil Tiwari Case, online proceedings were held as an integral part of Right to Justice, which is a sub-trait of Right to Life under Article 21. Current CJI was himself on that Bench. Under CJI Ramanna, he had also made a 3-hour long presentation before the Parliamentary Committee on the issue. Problems during Covid-19 acted as shot in arm for online proceedings.
Sure, problems like out of context clips going viral or Judges not adjusting to technology are there. That should not mean that people’s comforts will be prioritised.
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