Hybrid mode not working, courts have to function physically, says Supreme Court

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 cant become a normSitting 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 GavaiThe bench said it wants the courts to open for the public and justice accessible for all the citizensWe have tried hybrid mode its not working People are not coming to the courts Normalcy has to return and the courts have to function physically it saidThe 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 litigantsThe 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 upAt 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 citizensAlso read SC seeks presence of 2 lawyers who wrote letter for probe into Lakhimpur Kheri incidentThe bench said Have you seen the standard operating procedure SOP issued by us SC last night We have to set aside the SOP thenSwarup said this petition is on behalf of citizens who are coming to the courtThe bench said that these distinguished citizens should be told about fundamental principles of open court and open justiceWe want the courts to be open for the public and justice to be accessible There are provisions in CrPC and IPC that justice should be open It is one thing to say that there should be telecast of court proceedings and it is another thing to say that once we get rid of Covid19 this institution should be closed down because virtual hearing is a fundamental right of citizens which means people need not come to the courtFor the past two months we have issued SOPs and made it optional We have not seen one advocate in court on most of the days Because if people have the option people are very comfortable in their offices the apex court saidSwarup submitted that he was not speaking from the lawyers point of view and appearing on behalf of citizensI am standing for all the citizens Please dont close down everything Please keep a happy option of hybrid mode he saidThe apex court said that virtual hearing becomes the norm then that would mean that the building in which judges are sitting in right now should be closedYou are saying that judges should sit in the court room and the lawyers can argue from Mussoorie Mukteshwar Goa and London New York For 70 years we all have understood the courts to be functioning physically In view of unprecedented pandemic we thought courts should continue as access to justice cant be denied to the citizens Thats why we have been working virtually But this cant become a norm where citizens are saying that we have have a right o virtual hearing In any event their rights would be protected If the judgement of this court is implemented and there is a telecast of the proceedings those fears are allayed Citizens right to continue virtual hearing does not appear o be reasonable They want access to justice Access to justice is sitting in their hometowns and watching the proceedings the bench saidSwarup argued that there is another dimension what if the citizen wants to access the justice himself and wants to address the court in personThe apex court then asked In How many parties in person are addressing this court We have one or two persons in monthSwarup said that by adopting the virtual hearing the citizen gets justice at much lower costThere are seven judgments from the last few years that indicate to this effect Those who are in remote areas who cannot come to the court and poverty stricken will have access he saidThe top court if the senior lawyer has any data with regard to his submissionsHave you collected any data to this effect that how many people from such areas come to the Supreme Court You have been practising here for so many years how many cases from remote areas have come to the courtYou know how difficult it is for a citizen to reach the Supreme Court If we accept what the petitioners are saying it would be a death knell for the existence of the physical courts the court saidSwarup reiterated that he was not submitting that physical hearing should stopI am just saying please keep hybrid hearing open he saidElaborating on the problems of the hybrid mode the bench said Let us assume you are in a court arguing a matter and its not as if you have only case When the second comes in a different court for virtual hearing where are you going to argue outside in the verandah from your mobile phoneThe apex court said that there are so many difficulties in hybrid mode of hearingWe tried this where one lawyer is arguing in court one from his office Even after one year we are not very sure how this system is working There are problems from our side and the lawyers We have to get back to the traditional method We are all missing you so much Sitting here in the court and looking at the screens is not giving us happiness the bench saidThe top court said that when a lawyer is present physically in the court and he makes submissions looking into our eyes that is more effectiveWe are really in a quandary unable to decide as to how physical hearing will start Because we have tried Hybrid but its not working people are not comingNormalcy has to return and the courts have to function You submit your suggestions on the next date as to how this can be taken up and well see the bench saidThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom 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