COVID-19: Technology at Service of Justice System

Case Name: IN RE: GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO. CONFERENCING DURING COVID-19 PANDEMIC.

Even as the world is going through turbulent situation, the institution of justice delivery system can never afforded to be brought to a halt. It has been rightly remarked by Martin Luther King Jr., 

"Injustice anywhere is a threat to justice everywhere".

Hence, the current situation calls for a robust justice delivery system across the world. In this regard, the Supreme Court of India has left no stone unturned to ensure speedy justice delivery to every segment of the society.

Guidelines:

Given that social distancing is the need of the hour to prevent communication of COVID-19, the apex court exercised its power under Article 142 (inherent powers) to balance the public health and justice delivery.

It issued a slew of guidelines to streamline functioning of courts via video conferencing during national lockdown.

These guidelines are:

1. The measures that have been and that shall be taken by this Court and by the High Courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful.
2. The Supreme Court of India and High Courts have been authorized to adopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies;
3. In light of the peculiarities of the judicial system in every state, every High Court is authorised to determine the modalities which are suitable to the temporary transition to the use of video conferencing technologies;
4. The concerned courts shall maintain a helpline to ensure that any complaint in regard to the quality or audibility of feed shall be communicated during the proceeding or immediately after its conclusion. No grievance can be raised afterwards. 
5. The District Courts in each State shall adopt the mode of Video Conferencing prescribed by the concerned High Court.
6. The Court shall duly notify and make available the facilities for video conferencing for such litigants who do not have the means or access to video conferencing facilities. 
7. 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. 
• But evidence shall not 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.