Delhi pollution: CJI permits virtual hearings, rules out full online shift

Air pollution in Delhi: Amid Delhi's pollution crisis, CJI Sanjiv Khanna allowed lawyers to appear online but resisted calls to fully shift Supreme Court operations online, citing flexibility

Amidst the worsening air quality in Delhi, Chief Justice of India (CJI) Sanjiv Khanna on Monday announced that lawyers would have the option to appear online in court proceedings. However, CJI Khanna refrained from making a definitive statement on shifting the Supreme Court's functioning entirely online, despite repeated requests from Solicitor General of India Tushar Mehta and Senior Advocate Gopal Sankaranarayanan, reported Live Law.

 

Senior Advocate Kapil Sibal, President of the Supreme Court Bar Association, urged the court to allow virtual appearances for lawyers, citing the national capital's pollution crisis, which he described as “getting out of control.” In response, CJI Khanna stated, “We have told all judges here, wherever possible, to allow virtual [appearances].”   Stock Market Highlights: Sensex trims gain on late sell-off, ends 239 pts up; Nifty holds 23,500

 

Sibal also requested that the directive be extended to other courts and tribunals in Delhi.  

 

Gopal Sankaranarayanan highlighted the environmental burden caused by daily court operations, noting that approximately 10,000 lawyers and their clerks commute to court every day, often in personal vehicles. “We will leave it to the lawyers concerned…we have given them that facility. Whenever you want to appear virtually, you can,” CJI Khanna said.  

 

Sankaranarayanan also referenced the implementation of restrictions under the Graded Response Action Plan (GRAP-IV) to combat the alarming pollution levels. Reiterating the court's flexibility, CJI Khanna said, “You have the option; you exercise that option. We will accommodate everyone.”  

 

Meanwhile, Solicitor General Tushar Mehta advocated for a complete transition of the court’s operations to an online mode. However, the CJI emphasised that online appearances remain optional, stating, “The way we are functioning today, if anybody wants to be online, they can go online.”  

 

In light of the dire pollution levels, the Supreme Court had issued a circular on Sunday advising everyone within its premises to wear masks. Additionally, the Court directed that GRAP-IV restrictions would remain in force even if Delhi’s Air Quality Index (AQI) falls below the critical 450 mark.