Necessary to ensure court premises don't contribute to COVID-19 spread, says SC

The Supreme Court, while hearing a suo moto case on the guidelines for the functioning of court via video-conferencing, on Monday said that it is necessary to ensure that court premises do not contribute to the spread of coronavirus.

Preventing the spread of COVID-19 demands social distancing and to ensure continuous functioning every stakeholder is expected to coordinate, a three-judge Bench headed by Chief Justice SA Bobde and also comprising Justice DY Chandrachud and Justice L Nageswara Rao said.

Hearing the case through video conferencing, the Bench said that to preserve the rule of law and the Constitution, social distancing guidelines have to be followed while maintaining a Constitutional role.

Attorney General KK Venugopal, Solicitor General Tushar Mehta, DG NIC attended the hearing of the court via video conferencing.

The apex court said that it wants to give legal protection to the measures that have been employed by courts. "This cannot be seen as a temporary issue. Technology is here to stay," CJI Bobde said while wrapping up the hearing and adjourned the case for four weeks.

The court said that all hearing in the congregation must necessarily be suspended and added that technology has facilitated accessibility and connectivity and Indian Courts have been proactive in harnessing technology.

The apex court also sought state officials to be appointed to liaise with and support state High Courts.

During the hearing, DG NIC told the Bench that there are three things required for videoconferencing -- good broadband connection, good devices and the conduct of people since if one person is speaking others must put the device on mute.

The top court said the High Courts have been given a free charter to use any application that works in their jurisdiction. We are not making any rules on what should be used, CJI Bobde said.

The court said that the evidence will not be recorded via video-conferencing in any case.

If evidence must be recorded the presiding officer will ensure that distance is maintained inside the courtroom and the court will have the power to restrict entry into the courtroom to maintain distancing, it said.

No presiding officer will restrict the entry of the parties to the case unless the parties are suffering any health problems, said the apex court adding that the presiding officer will have the power to adjourn proceedings if the crowd cannot be managed.

Venugopal, during the hearing, said that the NIC must look into what is the most efficient and cheap application that can be used by all lawyers across the country. We should not stop merely as long as COVID-19 is there, Venugopal said adding that there is a need to continue video conferencing even after lockdown.

The Bench also asked letter petitioner senior advocate Vikas Singh on suggestions for working of courts during the lockdown, who argued that due to the social distancing norms being maintained, the anxiety is of access of litigants and media persons.