Court Administration and Procedure
Subject : Indian Law - Civil and Criminal Procedure
AHMEDABAD – In a decisive move to uphold the sanctity of judicial proceedings in the digital age, the Gujarat High Court has issued a revised and stringent Standard Operating Procedure (SOP) for virtual and hybrid hearings. The new protocol, which came into effect following a circular on August 7, introduces a mandatory "Waiting Room" for all participants and explicitly warns that any failure to adhere to the prescribed rules of decorum and conduct will invite contempt of court proceedings.
The comprehensive overhaul of virtual court rules underscores a growing concern within the judiciary about the casual attitude adopted by some participants during online hearings. This measure aims to equate the solemnity of a virtual courtroom with that of a physical one, ensuring that the dignity and majesty of the Court are maintained regardless of the medium.
The revised SOP is not a spontaneous administrative update but a direct consequence of judicial intervention. The circular, issued by the Registrar General, directly references an oral order from June 30, 2025, in a suo motu criminal contempt case, Criminal Miscellaneous Application (for Contempt) No. 12821 of 2025 . This case was initiated after a litigant was seen attending a hearing from a toilet seat, an incident the High Court noted was part of a pattern of "uncontrolled behaviour" that had "become frequent."
In its order, the Court had tasked the Registrar of Information Technology with devising a mechanism to prevent such contumacious behaviour during live-streamed proceedings. The resulting SOP, approved by the Chief Justice and the Full Court, supersedes all previous circulars and establishes a new, stricter regime for all virtual and hybrid court interactions.
The revised SOP introduces several critical changes designed to streamline access, verify participants, and enforce discipline. Legal practitioners and litigants appearing before the Gujarat High Court must now meticulously follow these protocols.
1. The Virtual 'Waiting Room': A New Gateway to Justice The cornerstone of the new system is the mandatory implementation of a virtual "Waiting Room." Participants will no longer directly join the ongoing session. Instead, upon clicking the hearing link provided in the daily cause list, they will be placed in this virtual antechamber.
From there, the Court Master assumes a crucial gatekeeping role. They are tasked with verifying each participant before granting them entry into the main hearing. This two-step process is designed to prevent unauthorised access and filter out individuals who are not prepared to participate respectfully.
2. Strict Naming Conventions for Entry To facilitate verification, the SOP mandates a strict display name format. Participants must set their name to reflect the serial number of their matter in the cause list, followed by their exact name. The circular is unequivocal: "Without proper display name as mentioned, no participant(s) will be admitted to Virtual / Hybrid hearing." This rule places the onus on advocates and parties-in-person to ensure their digital identity matches the court's official records for the day.
3. Uncompromising Standards on Attire and Location The SOP extends the physical courtroom's dress code into the virtual realm. Advocates are required to be dressed in professional attire, with the Court reserving the right to withdraw their audience if they fail to comply. Similarly, litigants and parties-in-person must be "appropriately dressed."
Furthermore, the choice of location is no longer left to chance. The rules explicitly state that participants must join from a place with a "decent ambiance," such as an office or residence, and are strictly prohibited from joining from a vehicle. The document stresses the need for a quiet environment with stable internet connectivity and warns participants not to "wander/roam with the instrument/device during the virtual hearing."
The new framework is built on the principle that virtual hearings are "judicial proceedings for all purposes," and as such, all protocols of a physical court apply. The Court has laid down a non-negotiable code of conduct with severe repercussions for violations.
Conduct During Proceedings:
- Camera On: Participants must keep their cameras switched on throughout the proceedings. - Attentiveness: All individuals must "endeavour to look into the camera, remain attentive and not engage in any other activity during the proceedings."
- Microphone Discipline: Microphones must be muted upon entry and unmuted only when one's matter is called or when addressing the Court. The Court Master is empowered to mute any participant causing a disturbance.
- Prohibition on Recording: The SOP reiterates that recording of proceedings is strictly forbidden, subject to the provisions of "The Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021."
The Threat of Contempt: The most significant aspect of the new SOP is its enforcement mechanism. The Court Master is empowered to immediately remove any participant who "behave[s] indecently or do not conduct themselves befitting the decorum of the Court."
Crucially, the circular concludes with a stark warning: "Failure to comply with the above directions, shall invite contempt of Court proceedings." This elevates non-compliance from a mere procedural lapse to a serious offence against the court, carrying potential penalties including fines and imprisonment. This provision sends a clear message that the Court will not tolerate disruptions or disrespect in its virtual sessions.
The revised SOP has profound implications for legal professionals and their clients. Advocates now bear the responsibility of not only adhering to these rules themselves but also ensuring their clients are fully briefed and compliant. The circular explicitly states, "Advocates shall intimate their Clients Litigants who intends to join, in Virtual / Hybrid hearing, to scrupulously follow the aforesaid instruction."
This shift requires a proactive approach from lawyers to manage the client's participation, from ensuring their attire and location are appropriate to coaching them on digital courtroom etiquette. The withdrawal of the right of audience for improper attire is a particularly potent tool that directly links conduct to a lawyer's ability to represent their client.
As courts across India continue to integrate technology, the Gujarat High Court's detailed and stringent SOP may serve as a model for other jurisdictions grappling with similar challenges. It represents a critical step in the evolution of the justice system, seeking to harness the accessibility of technology without sacrificing the discipline, dignity, and authority that are fundamental to the rule of law.
#VirtualCourts #CourtProcedure #ContemptOfCourt
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