CJI mulls virtual-only hearings in Supreme Court due to pollution

Chief Justice of India Surya Kant, while considering the possibility of shifting Supreme Court hearings to the virtual-only mode due to the severe air pollution, said he felt unwell when he went for an hour-long walk a day before. Kant said he would decide after consulting the bar, even as the idea of allowing virtual hearings for lawyers above 60 years of age was floated in the court.

The observations were made by the CJI at the outset of the hearing on pleas — challenging the Election Commission’s decision to conduct Special Intensive Revision of electoral rolls in Tamil Nadu, Kerala, West Bengal, and other states — when senior lawyer, Rakesh Dwivedi, appearing for the poll panel, sought exemption from personal presence.

“I have congestion issues... Please allow my colleague to take notes. I want to appear through video conferencing on the next date,” Dwivedi said, adding that he is having some issues after he went for a morning walk.  “I want your lordships’ leave. Permission may be given to appear online, I am not well,” he added. Senior advocate Kapil Sibal concurred and said, “At our age, we are breathing this obnoxious air when the Air Quality Index (AQI) is 400-500.”  The CJI said, “Yesterday, I went for a walk for an hour. I was not feeling well.” Then, the possibility of excluding lawyers aged 60 and above from in-person hearings was mooted.

“If I take any decision, then we will take the bar into confidence first. We will see hardship faced by lawyers and litigants ... If we get a proposal, then we will do something. I will meet office-bearers in the evening and take some steps,” the CJI added. Presently, the top court functions through a hybrid mode where proceedings are conducted through both physical and virtual modes.  The air quality in the national capital was recorded in the “very poor” category on Wednesday morning, with an AQI reading of 335. As per the Central Pollution Control Board, an AQI between zero and 50 is considered “good”, 51 and 100 “satisfactory”, 101 and 200 “moderate”, 201 and 300 “poor”, 301 and 400 “very poor”, and 401 and 500 “severe”.