IN RE: GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID-19 PANDEMIC

Supreme Court of India (Full Bench (FB)- Three Judge)

Writ Petition (Civil), 5 of 2020, Judgment Date: Apr 06, 2020

• Social distancing guidelines and best public health practices shall be deemed to be lawful.
• The Supreme Court of India and all High Courts are authorized to adopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies.
• High Court is authorised to determine the modalities which are suitable to the temporary transition to the use of video conferencing technologies.
• Quality or audibility of feed shall be communicated during the proceeding or immediately after its conclusion failing which no grievance in regard to it shall be entertained thereafter.
• The District Courts in each State shall adopt the mode of Video Conferencing prescribed by the concerned High Court.
• The Court shall duly notify and make available the facilities for video conferencing for such litigants who do not have the means or access to video conferencing facilities.
• If necessary, in appropriate cases courts may appoint an amicus-curiae and make video conferencing facilities available to such an advocate.
• Video conferencing shall be mainly employed for hearing arguments whether at the trial stage or at the appellate stage. In n ocase shall evidence be recorded without the mutual consent of both the parties by videoconferencing. If it is necessary to record evidence in a Court room the presiding officer shall ensure that appropriate distance is maintained between any two individuals in the Court.
• The presiding officer shall have the power to restrict entry of persons into the court room or the points from which the arguments are addressed by the advocates.
• No presiding officer shall prevent the entry of a party to the case unless such party is suffering from any infectious illness.
• However, where the number of litigants are many the presiding officer shall have the power to restrict the numbers. The presiding officer shall in his discretion adjourn the proceedings where it is not possible to restrict the number.

IN RE: GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID-19 PANDEMIC