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2021 Supreme(Ori) 534
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.MISHRA, SAVITRI RATHO, JJ.
State of Orissa – Appellant
Versus
Purusottam Rout and Ors. – Respondents
Government Appeal No.37 of 2001, CRA No.49 of 1999 and Criminal Revision No.140 of 1999 In Government Appeal No.37 of 2001
Decided On : 23-07-2021
For the Appellant : Mr. A.K. Nanda, AGA
For the Respondents: Mr. Ramesh Sahoo, Amicus Curiae.
The court upheld the use of video conferencing in legal proceedings during emergencies, ensuring fair hearing and access to justice.
Headnote:(A) Constitutional Law - Right to fair hearing - Proceedings conducted via video conferencing amidst COVID-19 restrictions - The court's approach upholds the necessity of adapting legal processes to unprecedented situations while ensuring parties to the case retain access to justice as per the established norms. (Paras 2, 4)
(B) Administrative Procedure - Legal documentation and communication - The court authorizes the use of printed digital orders as equivalent to certified copies under specified conditions, ensuring continuity in legal practice during emergencies. (Paras 1, 5)
Facts of the case:
Government appeal against respondents regarding procedural matters conducted during a pandemic led to a ruling on the modification of practices to ensure access to justice without compromising legal standards.
Findings of Court:
The court emphasized the importance of resolving cases even under emergency conditions, validating the use of video conferencing for hearings.
Issues: Whether legal proceedings conducted via video conferencing meet the requirements of fair hearing and access to justice.
Ratio Decidendi: The court affirmed that adapting legal processes, such as utilizing video conferencing and printed orders, preserves the integrity of the judicial system while accommodating ongoing health concerns affecting traditional proceedings.
Result: The decision reinforced the use of digital practices in legal proceedings.
| Table of Content |
|---|
| 1. preliminary proceedings of the court (Para 1 , 2) |
| 2. continuation of hearing and judgment announcement (Para 3 , 4) |
| 3. protocol for accessing court order during covid-19 (Para 5) |
ORDER :
1. These matters are taken up through Video Conferencing under “To Be Mentioned” category.
2. Heard learned counsel for the parties.
3. Further hearing is taken up.
4. Hearing is concluded and common judgment is pronounced vide separate sheets.
5. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.
