Virtual court hearing: Fundamental Right or not?

The notice was issued to the reverend Bar Council of India and High Courts of the four states i.e. Uttrakhand, Bombay, Madhya Pradesh and Kerala for pursuing the declaration that the virtual court hearing is the Fundamental Right because it has been a remarkable example of enhanced access to Right to Justice. The apex court bench comprising of Justices L Nageswara Rao and BR Gavai took up the matter.

The aforementioned four states have been made the respondents in the present petition before the Supreme Court, case filed by All India Association of Jurists and legal reporter Sparsh Upadhyay questioning the step of the Uttrakhand High Court’s step to revert to the physical mode of hearing and not utilising the option of hybrid technology. The bench has also requested for the opinion of the BCI and SCBA. The Uttrakhand High Court refused to pass any interim order, when objected by the senior advocate Siddarth Luthra, on want of juncture.

According to Luthra, virtual hearings improved access to justice, which has been established as a Fundamental Right. Further, he mentioned a Parliamentary Committee Report that advised the Courts to keep the hybrid option.

In response, the bench observed that virtual court hearings had been implemented as an emergency solution in light of COVID.