DIPANKAR DATTA, SATISH CHANDRA SHARMA
Basudha Chakraborty – Appellant
Versus
Neeta Chakraborty – Respondent
Based on the provided legal document, the key points are as follows:
The Supreme Court of India addressed an issue regarding the personal appearance of petitioners in court proceedings, specifically in a matrimonial dispute. The Court emphasized that with advancements in science and technology, virtual hearings are permissible and should be considered, especially for parties who face medical or logistical hardships [judgement_act_referred: Court’s observations].
The case involved petitioners who did not appear before the High Court on the scheduled date. The order requiring their physical presence was challenged, particularly because one petitioner had recently undergone an organ transplant and was suffering from other medical conditions that made travel inadvisable (!) .
The Court found that the High Court's insistence on personal appearance, despite being informed of the petitioner's health issues, was harsh and unjustified. It highlighted that the medical conditions should have been taken into account, and virtual appearance could have been permitted to avoid unnecessary hardship (!) (!) .
The Court noted that the dispute was primarily a marital discord and did not warrant the physical presence of both petitioners, especially given their medical conditions and the availability of virtual hearing facilities. The Court suggested that efforts to facilitate settlement could have been made through virtual means (!) .
The Court observed that the order requiring personal appearance was likely to operate harshly against the petitioners and emphasized the importance of exercising restraint and discretion. It indicated that such orders should be balanced against the circumstances and the dignity of the parties involved (!) .
Ultimately, the Supreme Court stayed the operation of the order requiring the petitioners' personal appearance and granted them the liberty to appear through virtual mode, considering their medical conditions and the circumstances of the case (!) .
The Court underscored the importance of judicial restraint and the use of technology to ensure justice is accessible and humane, especially for parties facing genuine hardships (!) (!) .
These points collectively highlight the Court's approach towards balancing procedural requirements with compassion and technological facilitation in judicial proceedings.
Aggrieved by the order dated 14th May, 2024 passed by the High Court at Calcutta on a criminal revisional application, the petitioners in such application are before us.
2. Issue notice, returnable in the week commencing 15th July, 2024.
3. The petitioners did not appear before the High Court on 14th May, 2024. The impugned order requires the Registrar of such Court named therein to request the Registrar General, High Court of Bombay “to intimate the concerned Police Station to produce both the petitioners before the court on the next date of hearing”, i.e., 22nd May, 2024.
4. A previous order of the same Court dated 31st January, 2024 notes the Court’s desire to interact with the parties to the proceedings before it and with that in view, the parties were required to be present before it on 8th April, 2024.
5. On 8th April, 2024, the petitioner no.1 was present before the Court physically. The petitioner no.2, however, could not remain present due to medical issues which were duly brought to the attention of the Court and noted by it; yet, the penultimate paragraph of the order dated 8th April, 2024 records, rather strangely, that the Court “insists the presence of the petitioner no.2
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