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IN THE HIGH COURT OF DELHI
D.N. Patel, Jasmeet Singh, JJ.
Mujeeb Ur Rehman - Appellant
Versus
Registrar General, High Court of Delhi - Respondent
W.P.(C) 4160 of 2021 & CM Appl. 12668 of 2021
Decided On : 07-04-2021
| Table of Content |
|---|
| 1. public interest litigation for virtual court proceedings. (Para 1) |
| 2. court's perspective on the adoption of virtual hearings. (Para 2) |
| 3. writ petition disposed of with no further action. (Para 3) |
ORDER
CM APPL.12668/2021 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 4160/2021
1. This Public Interest Litigation has been preferred with the following prayers:
"1. Issue appropriate writ in the nature of mandamus or of any other nature as necessary directing thereby to the respondent to take sufficient steps to ensure the continuation of virtual court proceedings through video conferencing along with the physical one in the High Court of Delhi and vis-a-vis courts and tribunals over which this court has jurisdiction.
2. Pass an order directing the respondent to formulate sufficient guidelines and to ensure sufficient infrastructure for continuation and adoption of virtual court proceedings along with the physical one in the High Court of Delhi and vis-a-vis courts and tribunals over which this court has jurisdiction as a free choice for the counsels, litigants and parties unless in view of such court it's really necessary to be physically present even if COVID-19 pandemic is absolutely over as a regular course of practice and should be given equal weightage as to the physical one without barring from adverse order.
3. Pass any other or further order(s) which this Hon'ble Court deem fit and proper."
2. Having heard the petitioner who appears in person and looking to the facts and circumstances of the case, Delhi High Court as well as Trial Courts are already hearing cases physically as well as through virtually. It all depends upon preference of the Advocate concerned who wants to appear physically in court or virtually through video conferencing for further hearing of the matters.
3. Thus, at this stage, we see no reason to entertain the present writ petition and the same is disposed of.
Virtual court proceedings can continue alongside physical hearings based on the preference of advocates, reflecting operational flexibility in court processes.
Senior citizen lawyers have a right to request hybrid hearings for safety amidst the pandemic; courts must consider health and infrastructural concerns before resuming physical operations.
Covid-19 - Pandemic - Streamlining process of virtual hearing and restraining personal/physical hearing - Circular restarting of physical hearing of District Court and also from its subsequently havi....
The central legal point established in the judgment is the need for vaccination arrangements for lawyers falling in specific categories and the formation of a committee by the Delhi High Court Bar As....
The court recognized the need for hybrid hearing arrangements and a vaccination mechanism for lawyers, emphasizing stakeholder consultation amid COVID-19 concerns.
The court affirmed the right of under trial prisoners to choose between physical appearance and video-conferencing in trials amid health concerns, while also recognizing the discretion of trial court....
The main legal point established is the importance of adapting to technological advancements in the justice system, particularly the use of video conferencing for court proceedings.
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