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INTRODUCTION
Usually talk about “Opportunities lies in adversity”, today we all realizing the same.
The virtual court medium now used more than of conventional court, whereas the courtroom used to overcrowded with its advocates, litigants, bundles of documents, files and briefs, etc.
The COVID-19 pandemic has pushed the digitalization of courts upon us, without giving anyone a chance to considered advantages or disadvantages of E-courts but steps need to be evaluated for ensuring justice at the end without any disturbance.
The virtual court, Its accessibility & feasibility
All data clearly highlights that metropolitan cities like Bangalore, Mumbai, and Delhi, which have continuous access towards the internet, might have persons who would avail such virtual court services; there is vast majority amongst citizens who continued to suffer due to lack of basic infrastructure. It is still very rare to mention that there were still High Courts across the country that faces such kinds of shortages of IT infrastructure. Inclusive growth demands all social groups have equal access to services provided by State. Additionally & notably, digital literacy of advocates & court staff is still undermined therefore it’s too far-fetched imagined that every person involved in the injustice system at any level will able to learned by themselves and adopts new medium within days or weeks.
Adversity is the recording of witness
Undisputedly, there is much distant towards the recording of witness through a medium like audio-video & physical court. When it comes forwards for recording a witness, courts used much of caution because the fate of matter decided mainly on the basis of deposition of witnesses recorded in his eye-witnessed.
However, thinking towards the recording of witness through video conferencing may face to face sudden difficulties, as in trial court, many trial courts are also not well equipped with internet infrastructures, facilities & during recording witnesses of prosecution/plaintiff/defense has got prepared well in advance & need guidance during deposing of his witness like refreshing a memory which evidence law provides, even court would miss facial expressions, gestures. Delay in streaming, may create doubt towards the recording of testimony.
Virtual court hearing – Law made by the court, not parliament–
The onset of COVID19 led the Supreme Court to adopt virtual hearings for ensuring safety towards lawyers, litigants & public. Law regarding virtual court still needed to comes into effect but as some said some common laws are made by the court, dated 15th April 2020, When Hon’ble Supreme Court decided for conduct hearings through VC, meeting apps till the last end of June 2020 and issued latest SOPs, Which have become procedural law for conducting hearing online whereas, the law mainly for very few limited time period
Provision of Open Court Proceedings
To attend equal justice & treatment towards lawmakers included a provision for the open court in both procedural laws; Civil & Criminal. Section 153B of Code of Civil Procedure mandatory place of trial shall be deemed to be an ‘open court’ for which public has access. It’s right towards presiding judge needs to decide that trial of a particular case may not be accessible to the public generally, such cases must lead to an exception.
Why custodial deaths often went unpunished?
Recently, Live Streaming in Court for Proceedings Case – the case of Swapnil Tripathi v. Supreme Court of India, reported date(2018) 10 SCC 639, a three-judge bench of Supreme Court has said the principle of open justice has encompassed several aspects that were central for fair administration in justice and the rule of law.
In Virtual Courts, links made available only for advocates appearing in a particular matter. In addition, some courts restricted the number of links that forwarded to advocates and litigants. The public has also no access to hearings. This also affects several public interest litigations. Many court circulars say the recording of the hearing is strictly prohibited.
conclusion
It must be said that virtual court can be optional but not overall absolute. Indian judiciary still not ready for virtual court, it has been imposed by COVID19. Moreover, the virtual court can be an option for an urgent matter, like Bail & Stay but not recording witnesses or entire proceedings. This may be reason why seven judges committee of the Supreme Court issued SOP till 30 June only & taking only stock situation which be decided further. One must remember that revolution is a virtual court system due to the outbreak of COVID-19 & not the pre-planned execution, hence courts were treating virtual court as the option, not as an absolute.
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