1. Petitions concerning the mandate and implementation of video conferencing and hybrid hearing facilities across High Courts and Tribunals. (Para 1 , 2 )
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2025 Supreme(SC) 1498
SUPREME COURT OF INDIA
HRISHIKESH ROY AND S.V.N. BHATTI, JJ.
Sarvesh Mathur - Appellant
Versus
The Registrar General High Court Of Punjab And Haryana - Respondent
Writ Petition(s)(Criminal) No(s). 351 of 2023 in IA No. 238780 of 2024 with W.P.(C) No. 941 of 2021
Decided on : 02-01-2025
Important Points
The Supreme Court reinforced the mandate for High Courts and Union Government Tribunals to provide hybrid/video conferencing facilities to ensure accessibility for litigants and lawyers, directing the Union Government to submit a report on the effective availability of these facilities across various Tribunals.
Subject
Judicial Administration - Access to Justice
Headnote
(A) Virtual participation in hearings - Directions issued regarding hybrid mode hearings in High Courts and Tribunals - Court emphasized the importance of video conferencing facilities to ensure access to justice for litigants and advocates. (Paras 1, 2, 4)
Facts of the case:
The court addressed issues surrounding the availability of virtual hearing facilities in High Courts and various Tribunals, with the petitioner expressing the need for such provisions.
Findings of Court:
The Supreme Court mandated that video conferencing must be accessible to all members of the Bar and litigants and directed comprehensive measures to ensure such facilities are in place.
Issues: The key issues included the provision of video conferencing facilities, the logistical empowerment it brings, particularly for women lawyers, and the adequacy of such infrastructure in Tribunals.
Ratio Decidendi: The court’s reasoning highlighted the necessity to provide equal access to justice through technological means, ensuring that High Courts and Tribunals adopt standard procedures for hybrid hearings within specified timelines.
Result: Court issued comprehensive directives for the implementation of hybrid hearings across judicial forums.
Facts of the case:
The court addressed issues surrounding the availability of virtual hearing facilities in High Courts and various Tribunals, with the petitioner expressing the need for such provisions.
Findings of Court:
The Supreme Court mandated that video conferencing must be accessible to all members of the Bar and litigants and directed comprehensive measures to ensure such facilities are in place.
Issues: The key issues included the provision of video conferencing facilities, the logistical empowerment it brings, particularly for women lawyers, and the adequacy of such infrastructure in Tribunals.
Ratio Decidendi: The court’s reasoning highlighted the necessity to provide equal access to justice through technological means, ensuring that High Courts and Tribunals adopt standard procedures for hybrid hearings within specified timelines.
Result: Court issued comprehensive directives for the implementation of hybrid hearings across judicial forums.
Legal Category Hierarchy
Table of Contents
2. Submissions that while High Courts have implemented virtual facilities, Tribunals under the Union Government require further efforts to ensure convenient access. (Para 3 , 4 )
3. Virtual hearing facilities empower women lawyers by mitigating logistical barriers to personal appearance and argument. (Para 4 )
4. High Courts and Tribunals must provide accessible hybrid hearing infrastructure to ensure inclusive access to justice. (Para 1 , 2 )
5. Union Government directed to file a report on the effective availability of video conferencing facilities in Tribunals within four weeks. (Para 5 , 6 )
6. Are High Courts permitted to deny video conferencing or hybrid hearing facilities to litigants or advocates?
No, High Courts shall not deny access to video conferencing facilities or hybrid mode hearings to any member of the Bar or litigant desiring such facilities. (Para 1 )
7. What infrastructure and accessibility requirements are mandated for hybrid hearings in High Courts?
High Courts must provide free Wi-Fi/internet within precincts, include hearing links in daily cause-lists without requiring prior applications, and avoid arbitrary criteria like age requirements. (Para 1 )
8. Do the mandates for hybrid hearing facilities extend to Tribunals?
Yes, the directions apply to all Tribunals functioning under Union Government Ministries, including CESTAT, ITAT, NCLAT, NCLT, AFT, NCDRC, NGT, SAT, CAT, DRATs, and DRTs. (Para 1 , 2 )
9. How does the availability of virtual hearing modes impact the legal profession?
Virtual hearing facilities empower women lawyers by overcoming logistical and other barriers that may occasionally prevent them from appearing and arguing matters personally. (Para 4 )
ORDER :
Writ Petition(s)(Criminal) No(s). 351/2023 [Item No. 31]
1. Mr. Sarvesh Mathur, petitioner-in-person submits that the provision for virtual participation is made available, in the Punjab and Haryana High Court. This is also the submission of Mr. Nidhesh Gupta, learned Senior Counsel appearing for the Punjab and Haryana High Court.
With the above, the petitioner-in-person submits that he does not wish to press this writ petition.
Noting the above submission, the matter stands dismissed as not pressed.
W.P.(C) No. 1239/2021 [Item No. 31.4]
Mr. Varun Thakur, learned counsel submits that as the matter has become infructuous, he has instruction to not to press this matter.
Noting the above submission, the petition stands dismissed, as not pressed.
W.P.(C) No. 941/2021, W.P.(C) No. 1051/2021 in W.P.(C) No. 1197/2021 AND W.P.(C) No. 254/2024
Mr. K. Parmeshwar and Mr. Gaurav Agrawal, learned Senior Counsel, refers to this Court's order dated 06.10.2023, where the Court while appointing the two Amicus Curiae, issued the following directions:-
"14. In this backdrop, we issue the following directions:
(i) After a lapse of two weeks from the date of this order, no High Court shall deny access to video conferencing facilities or hearing through the hybrid mode to any member of the Bar or litigant desirous of availing of such a facility;
(ii) All State Governments shall provide necessary funds to the High Courts to put into place the facilities requisite for that purpose within the time frame indicated above;
(iii) The High Courts shall ensure that adequate internet facilities, including Wi-Fi facilities, with sufficient bandwidth are made available free of charge to all advocates and litigants appearing before the High Courts within the precincts of the High Court complex;
(iv) The links available for accessing video conferencing/hybrid hearings shall be made available in the daily cause-list of each court and there shall be no requirement of making prior applications. No High Court shall impose an age requirement or any other arbitrary criteria for availing of virtual/hybrid hearings;
(v) All the High Courts shall put into place an SOP within a period of four weeks for availing of access to hybrid/video conference hearings. In order to effectuate this, Justice Rajiv Shakdher, Hon'ble Judge of the High Court of Delhi is requested to prepare a model SOP, in conjunction with Mr Gaurav Agrawal and Mr K Parameshwar, based on the SOP which has been prepared by the e-Committee. Once the SOP is prepared, it shall be placed on the record of these proceedings and be circulated in advance to all the High Courts so that a uniform SOP is adopted across all the High Courts for facilitating video conference/hybrid hearings;
(vi) All the High Courts shall, on or before the next date of listing, place on the record the following details:
(a) The number of video conferencing licences which have been obtained by the High Court and the nature of the hybrid infrastructure;
(b) A court-wise tabulation of the number of video conference/hybrid hearings which have taken place since 1 April 2023; and
(c) The steps which have been taken to ensure that Wi-Fi/internet facilities are made available within every High Court to members of the Bar and litigants appearing in person in compliance with the above directions.
(vii) The Union Ministry of Electronics & Information Technology is directed to coordinate with the Department of Justice to ensure that adequate bandwidth and internet connectivity is provided to all the courts in the North-East and in Uttarakhand, Himachal Pradesh and Jammu and Kashmir so as to facilitate access to online hearings;
(viii) All High Courts shall ensure that adequate training facilities are made available to the members of the Bar and Bench so as to enable all practising advocates and Judges of each High Court to be conversant with the use of technology. Such training facilities shall be set up by all the High Courts under intimation to this Court with
