With air quality in the national capital and the National Capital Region (NCR) turning toxic and hazardous, the Supreme Court has advised lawyers and litigants appearing in person to opt for the video-conferencing mode of hearing instead of attending court physically.
A circular issued by the Supreme Court Registry on Sunday (December 14) stated: “In view of the prevailing weather conditions, the Hon’ble Chief Justice of India has advised, if convenient, the Members of the Bar/Parties-in-Person to avail hybrid mode of appearance through video-conferencing facility in their matters listed before the Hon’ble Courts.”
Copies of the advisory were circulated to the Supreme Court Bar Association (SCBA), the Supreme Court Advocates-on-Record Association (SCAORA), and other stakeholders.
The Registry has requested lawyers and parties-in-person to make appropriate use of the hybrid or video-conferencing facility in their respective cases, while complying with all technical and procedural requirements prescribed for virtual hearings.
Ever since the Air Quality Index (AQI) began deteriorating with the onset of winter, Chief Justice Surya Kant has been considering the option of encouraging lawyers to appear through video-conferencing instead of exposing themselves to hazardous air while commuting to court.
During the hearing of petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar on November 26, the Chief Justice expressed concern over the worsening air quality, noting that he was unable to go for his routine morning walks due to the toxic conditions. This prompted several senior advocates to request that the Supreme Court allow virtual appearances to minimise exposure to polluted air.
The CJI had said that two days earlier, he had gone for his usual 55-minute morning walk but returned home feeling “discomforted,” a condition that persisted for the next two days. “Now I walk only in the evening,” he had remarked. Senior members of the Bar had thereafter urged the Chief Justice Kant to permit virtual hearings.
The Chief Justice had indicated that a decision would be taken after consultations with representatives of the Bar, including the SCBA and SCAORA.
The issue of shifting to hybrid mode had arisen on November 26 after senior advocate Rakesh Dwivedi, appearing for the Election Commission of India, sought exemption from physical appearance and permission to argue virtually, citing severe congestion caused by exposure to polluted air.