India

Hybrid mode not working, courts have to function physically, says apex court

PNS

The hybrid mode of hearing cases is not working, the Supreme Court observed on Friday and said that normalcy has to return and courts have to function physically as virtual hearing of cases can’t become a norm. “Sitting here in the court and looking at the screens is not giving us happiness,” said a bench comprising Justices L Nageswara Rao and B R Gavai. The bench said it wants the courts to open for the public and justice accessible for all the citizens.

“We have tried hybrid mode, it’s not working. People are not coming to the courts. Normalcy has to return and the courts have to function physically,” it said. The top court, which issued notice in the matter, was hearing a plea filed by NGO National Federation of Societies for Fast Justice and eminent citizens like Julio Ribeiro, Shailesh R Gandhi, seeking to declare virtual court hearing as a fundamental right for the litigants.

The bench asked the petitioners to submit the suggestions and said it would consider on the next date after four weeks as to how this can be taken up.

At the outset, senior advocate Monoj Swarup, appearing for the petitioners, submitted that hybrid mode be kept open as a part for access to justice for all citizens.  The bench said, “Have you seen the standard operating procedure (SOP) issued by us (SC) last night? We have to set aside the SOP then.”

Swarup said this petition is on behalf of citizens who are coming to the court.

The bench said that these distinguished citizens should be told about fundamental principles of open court and open justice.