Virtual Courts for improving access to justice
The Issue
To 11 February, 2021
The Chief Justice,
Bombay High Court.
Dear Sir,
The Covid crisis has made us all aware of how access to justice could be made easier, affordable and efficient by Virtual Courts.
The possibilities and advantages of Virtual hearings have come to light because of the decision of the Supreme Court and all High Courts to conduct judicial work by Virtual hearings.
The advantages of virtual courts are well known. Lawyers and litigants need not travel distances to appear in courts. Thus justice delivery would become more efficient, faster and less costly. Lawyers and litigants would waste less time and a lawyer from a small town could appear in various courts in different places and courts could be smaller and yet not crowded. Lawyers could stay with their families and work, instead of crowding cities and spending a lot on getting a shelter. If a sms alert could be given to the lawyer and the litigant about five numbers before the matter is to be heard it would lead to a fairly efficient use of everyone’s time. This would also lead to reduction in air pollution owing to reduced travel.
We are very glad to learn that Bombay High Court has called for bids to improve the infrastructure and getting extra features in the e-platforms. This indicates that the Virtual hearings are being considered as a permanent feature. We request the following:
1. The default mode should be that the choice be given to the lawyers and litigants whether they wish to appear physically or virtually, except where the court orders that a physical presence is necessary. Thus a hybrid mode with each lawyer and litigant having a choice may be convenient.
2. Law colleges be encouraged to hold one day training classes for those who are not familiar with computers.
3. Complete paperless efiling system. There are over 25 lac cases filed each year in the courts in Maharashtra. If we assume just 100 sheets of paper per case, about 1600 tonnes of paper would be saved, resulting in a saving of 37500 trees and 2500 million litres of water each year.
We are effectively seeking implementation of many recommendations of the E-Committee of the Supreme Court.
The excellent advantages offered by the video conferencing technology in the justice delivery system had found judicial acceptance and recognition way back in the year 2003, vide the decision of the Hon'ble Supreme Court in the State of Maharashtra vs Dr. Praful B. Desai and Anr. (2003) 4 SCC 601. This said decision has also been duly relied upon by the Supreme Court in Suo Motu Writ (Civil) No. 5/2020.
Following is the relevant excerpt from the said 2003 Supreme Court decision in State v Praful Desai:
Advances in science and technology have now, so to say, shrunk the world ... Video conferencing is an advancement in science and technology which permits one to see, hear and talk with someone far away, with the same facility and ease as if he is present before you ... Except for touching one can see, hear and observe as if the party is in the same room ... both parties are in presence of each other . . . Recording of such evidence would be as per "procedure established by law".
As Napoleon Hill had once famously said "In every adversity lies the seed of equal or greater opportunity". Covid19 too has brought in an unprecedented adversity of this century but in the midst of that very adversity it too has brought in a dream opportunity of ushering in a digital revolution.
Much is being said about lack of infrastructure and denial of facilities to people in small towns and villages. Children in 1 st standard are learning online. Maharashtra has 27920 gram panchayats equipped with computers, internet connection and one employee who is employed to run the computer. These could be used by people from rural areas.
We hope you will consider making access to justice easy and environmentally friendly immediately.
Shailesh Gandhi
Former Central Information Commissioner
Petition Closed
The Issue
To 11 February, 2021
The Chief Justice,
Bombay High Court.
Dear Sir,
The Covid crisis has made us all aware of how access to justice could be made easier, affordable and efficient by Virtual Courts.
The possibilities and advantages of Virtual hearings have come to light because of the decision of the Supreme Court and all High Courts to conduct judicial work by Virtual hearings.
The advantages of virtual courts are well known. Lawyers and litigants need not travel distances to appear in courts. Thus justice delivery would become more efficient, faster and less costly. Lawyers and litigants would waste less time and a lawyer from a small town could appear in various courts in different places and courts could be smaller and yet not crowded. Lawyers could stay with their families and work, instead of crowding cities and spending a lot on getting a shelter. If a sms alert could be given to the lawyer and the litigant about five numbers before the matter is to be heard it would lead to a fairly efficient use of everyone’s time. This would also lead to reduction in air pollution owing to reduced travel.
We are very glad to learn that Bombay High Court has called for bids to improve the infrastructure and getting extra features in the e-platforms. This indicates that the Virtual hearings are being considered as a permanent feature. We request the following:
1. The default mode should be that the choice be given to the lawyers and litigants whether they wish to appear physically or virtually, except where the court orders that a physical presence is necessary. Thus a hybrid mode with each lawyer and litigant having a choice may be convenient.
2. Law colleges be encouraged to hold one day training classes for those who are not familiar with computers.
3. Complete paperless efiling system. There are over 25 lac cases filed each year in the courts in Maharashtra. If we assume just 100 sheets of paper per case, about 1600 tonnes of paper would be saved, resulting in a saving of 37500 trees and 2500 million litres of water each year.
We are effectively seeking implementation of many recommendations of the E-Committee of the Supreme Court.
The excellent advantages offered by the video conferencing technology in the justice delivery system had found judicial acceptance and recognition way back in the year 2003, vide the decision of the Hon'ble Supreme Court in the State of Maharashtra vs Dr. Praful B. Desai and Anr. (2003) 4 SCC 601. This said decision has also been duly relied upon by the Supreme Court in Suo Motu Writ (Civil) No. 5/2020.
Following is the relevant excerpt from the said 2003 Supreme Court decision in State v Praful Desai:
Advances in science and technology have now, so to say, shrunk the world ... Video conferencing is an advancement in science and technology which permits one to see, hear and talk with someone far away, with the same facility and ease as if he is present before you ... Except for touching one can see, hear and observe as if the party is in the same room ... both parties are in presence of each other . . . Recording of such evidence would be as per "procedure established by law".
As Napoleon Hill had once famously said "In every adversity lies the seed of equal or greater opportunity". Covid19 too has brought in an unprecedented adversity of this century but in the midst of that very adversity it too has brought in a dream opportunity of ushering in a digital revolution.
Much is being said about lack of infrastructure and denial of facilities to people in small towns and villages. Children in 1 st standard are learning online. Maharashtra has 27920 gram panchayats equipped with computers, internet connection and one employee who is employed to run the computer. These could be used by people from rural areas.
We hope you will consider making access to justice easy and environmentally friendly immediately.
Shailesh Gandhi
Former Central Information Commissioner
The Decision Makers
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Petition created on 10 February 2021