Virtual Hearings Should Not Be Resorted To As Routine, Technology Should Only Be A Supplement, Not Substitute: Justice S Vaidyanathan

Speaking at a Full Court reference on the occasion of his retirement as the Chief Justice of Meghalaya High Court, Justice S Vaidyanathan said that advocates should not take recourse to the virtual mode of hearing as a routine but only when they are away from the court. He added that technological advancements should not only be a supplement but should only be used as a substitute. Justice Vaidyanathan remarked that advocates should, whenever possible, come to the court in person to get familiarised with the court procedure. He added that advocates could also attend court proceedings in person to learn the usage of phrases used by experienced senior advocates. “Moving to virtual mode of hearing, it is my conviction that it should be taken recourse to by advocates only when they are far away from the Court or in the event of their indisposition, and it should not be resorted to as a matter of routine. The bar should keep in mind that technology development is only a supplement and not a substitute. Why I say so is, only when advocates come to Court in person, will they get familiarized with the Court ambience, body language of the other side and the bench and more importantly, the usage of phrases employed by experienced advocates and Senior Advocates, and make use of the same during the course of their arguments,” he said. Justice Vaidyanathan also advised young lawyers to spend more time in the office instead of burning midnight oil in their homes. He said that young lawyers should make themselves available in the office in the morning by 9 am and stay in the office till 9 pm even in the absence of clients. He added that young lawyers should understand that an opportunity may come knocking at any time and should let a litigant know that the lawyer will always be available in the office. He further said that young lawyers could make the most of the technical advancement while waiting for their cases and be abreast of all the latest legal updates. He remarked that young lawyers must make the most of the opportunities and see a senior's absence as a blessing in disguise. Shortage of Judges Speaking about the delay in the disposal of cases, Justice Vaidyanathan pointed out that when everyone was aware of the retirement of Judges in a particular year, vacancies should be identified every year in January itself and steps must be taken to fill up the vacancies. He said that the pendency of cases could be traceable to the shortage of judges. Justice Vaidyanathan also spoke about prioritizing merit in the appointment of judges. While he cleared that he was not against reservation, he added that while appointing a person against the reserved quota, it should be adjudged as to his ability to perform and deserving persons should not be let down at any cost. Justice Vaidyanathan took charge as the 12th Chief Justice of the High Court of Meghalaya on February 2nd, 2024. Before being appointed as the Chief Justice of the High Court of Meghalaya, Justice Vaidyanathan served as the Acting Chief Justice of the Madras High Court after the retirement of Justice T Raja.Watch the full-court reference here.

Virtual Hearings Should Not Be Resorted To As Routine, Technology Should Only Be A Supplement, Not Substitute: Justice S Vaidyanathan

Upasana Sajeev

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