Case Note & Summary
The Supreme Court of India addressed the issue of access to justice through technology in its judgment dated 2023-10-06. The petitioner, Sarvesh Mathur, sought to ensure that High Courts and Tribunals facilitate video conferencing and hybrid hearings effectively. The court noted that while some High Courts had made progress in adopting technology, there was significant variation in the level of adoption across the country. Many High Courts reported minimal video conferencing hearings, with some conducting as few as three hearings in the last three months. The court identified issues such as the absence of uniform standard operating procedures (SOPs), inadequate internet connectivity, and arbitrary age restrictions for accessing hybrid hearings. The court directed that all High Courts must provide necessary infrastructure and ensure that no arbitrary criteria hinder access to technology. It appointed amici curiae to collate information from the affidavits filed by various High Courts and mandated that all High Courts prepare a model SOP for hybrid hearings. The court emphasized that technology is essential for access to justice and directed that all High Courts and Tribunals must implement these measures by specified deadlines. The proceedings were scheduled for further listing on 6 November 2023.
Headnote
A) Administrative Law - Access to Justice - Video Conferencing and Hybrid Hearings - Supreme Court of India, 2023 - Court directed that no High Court shall deny access to video conferencing or hybrid hearings to any member of the Bar or litigant after two weeks from the order. The court emphasized the necessity of technology in securing access to justice and mandated uniform SOPs across High Courts for facilitating such hearings (Paras 14-14).
Issue of Consideration
Whether High Courts and Tribunals are adequately facilitating video conferencing and hybrid hearings.
Final Decision
The Supreme Court directed all High Courts to ensure access to video conferencing and hybrid hearings without arbitrary restrictions, mandated the preparation of a uniform SOP, and set deadlines for implementation of necessary infrastructure.
Law Points
- video conferencing
- hybrid hearings
- access to justice
- technology in courts
- standard operating procedures
