Supreme Court: The 3-judge bench of SA Bobde, CJ and Dr. DY Chandrachud and L. Nageswara Rao, JJ has made a slight modification in the guidelines issued by it on April 06, 2020 on functioning of courts through video conferencing amidst the COVID-19 pandemic.
The Court has ordered that the directions issued earlier need not be altered except sub-para (vii) of Paragraph 6 which shall be substituted with the following:
“The Video Conferencing in every High Court and within the jurisdiction of every High Court shall be conducted according to the Rules for that purpose framed by that High Court. The Rules will govern Video Conferencing in the High Court and in the district courts and shall cover appellate proceedings as well as trials.”
Earlier sub-para (vii) of Paragraph 6 of the order dated April 06, 2020 read as:
“Until appropriate rules are framed by the High Courts, video conferencing shall be mainly employed for hearing arguments whether at the trial stage or at the appellate stage. In no case shall evidence be recorded without the mutual consent of both the parties by video conferencing. If it is necessary to record evidence in a Court room the presiding officer shall ensure that appropriate distance is maintained between any two individuals in the Court.”
Noticing that several High Courts have framed their rules already, the Court directed that those High Courts that have not framed such Rules shall do so having regard to the circumstances prevailing in the State and
“Till such Rules are framed, the High Courts may adopt the model Video Conferencing Rules provided by the E-Committee, Supreme Court of India to all the Chief Justices of the High Court.”
Impressed with the functioning of virtual courts across the country amidst COVID-19 pandemic, the Court said,
“We must say the system of Video Conferencing has been extremely successful in providing access to justice.”
[IN RE GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID 19 PANDEMIC, SMW (C) No(s). 5/2020, order dated 26.10.2020]
Read the guidelines dated April 06, 2020 on functioning of courts through video conferencing here
