NEWS: Plea in SC seeking Virtual Court Hearing as Fundamental Right

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A petition has been filed before the Supreme Court by lawyers body challenging the decision of Uttrakhand High Court, terminating the virtual courts and reverting back to physical hearing of cases.

The Plea has been filed by the All India Jurists Association, a body that consists of more than 5,000 lawyers across the country and journalist Sparsh Upadhyay of Livelaw also sought a declaration that the right to participate in court proceedings through virtual courts via video conference is a fundamental right under Article 19(1)(a) and (g) of the Constitution.

The Uttrakhand High Court passed an administrative order through registrar-general reading :

“Hon’ble Court is pleased to direct that the Hon’ble Court will resume normal judicial work only through physical mode w.e.f. 24.08.2021, and no request for virtual hearing will be entertained by the High Court.”

The Plea seeks the declaration of ‘access of virtual courts’ by counsels, clients and journalists as a Fundamental Right available to every lawyer under Article 19(1)(a) and (g) of the Constitution of India.

“We live in an age of information and re witness to a technological revolution that pervades almost every aspect of our lives. Redundancies and obsolescence are as ubiquitous as technology itself. Technology is a great enabler. Technology can be harnessed by the State in furthering access to justice and fostering good governance,” the plea stated.

The petition placed reliance on the Supreme Court’s judgment in Anuradha Bhasin v Union of India in which it was held that the right to access to the internet and various applications/websites is a facet of various Fundamental Rights and Freedoms available under Article 19 of the Constitution of India.