Promote Virtual System Of Hearing Along With Physical Hearing: MP State Bar Council Requests Chief Justice

The letter, written by Dr. Vijay Chaudhary, Chairman-State Bar Council of Madhya Pradesh, states that Virtual hearings and e-filings have become the norm in both the Hon'ble Supreme Court as well as all the High Courts of the country and that slowly and gradually virtual hearings has been adopted as an intrinsic habit by the legal fraternity.

Further, expressing apprehension that subsiding pandemic has returned back, the letter states that in such circumstances, it needs to be ensured that Justice remains easily accessible and available to the common litigant; and the lawyer's community also does not face any economic crisis.

In this backdrop, the State Bar Council has requested Chief Justice's urgent indulgence on the following broad points:

Promotion of virtual hearings

The letter states that in order to encourage lawyers to convene as many hearings as possible through virtual mode in the hybrid mode of hearing, the Judges must promote virtual hearings.

The letter urges that in view of the revival of Covid-19, all the Courts in three Benches of the Madhya Pradesh High Court must promote virtual hearings by the counsels and dissuade physical hearings/appearances of lawyers, till the pandemic subsides back to negligible proportions.

"Therefore, insistence and preference should be given to virtual hearings at least the next three months by all the Courts in three Benches of the Madhya Pradesh High Court," submits the letter.

Shift to some efficient, user-friendly virtual hearing platform

The letter has requested that the High Court must shift to a convenient virtual hearing platform like Webex Cisco, Zoom, etc. (Professional Versions), with a waiting facility/waiting room for the participating counsels.

Citing the examples of the Delhi High Court, Gujarat High Court, Karnataka High Court, and Patna High Courts, the letter states that these HCs are operating successfully on platforms like Zoom, MS Teams, etc.

The letter also states that the JITSI app faces a host of technical problems as has been observed widely by a large number of members of the Bar in the conduct of virtual Court proceedings.

The letter highlights that there are serious technical glitches being faced in many cases like hanging of the app in between the arguments and sudden automatic disruptions due to load at times.

Significantly, the letter adds,

"Therefore, the JITSI app cannot be ranked as a convenient and comfortable platform for the lawyers to address the virtual Courts. It should be substituted with a much better-equipped platform like Cisco Webex or Zoom Meetings."

Mentioning of matters through Virtual hearing System/e-Court Slip or physical mode for listing and consideration of urgent cases, including pending matters be introduced & actively promoted as all the Bar Associations in all the Benches are facing problems in listing of pending matters where urgent hearing may be warranted for some reason or the other.

E-filing platforms must be made efficient and advocate friendly and responsive

The letter argues that processing of files through the electronic platform must be swift, convenient, and faster than that being done through a physical platform.

The letter states that a steering team must be constituted comprising of representatives of the State Bar Council, members of the High Court Bar Association, young knowledgeable meritorious members of the Bar headed by some of the Hon'ble Judges, which can prepare a list of suggestions to ensure that the e-filing interface of the High Court becomes more efficient, effective, expeditious, and convenient for the filing counsels.

It also adds that resources must be utilized for training the staff dealing with the e-filing system and for ensuring that lawyers do not face hurdles or delays in getting their cases filed, processed, and listed through e-filing.

Lastly, the letter submits that the aforesaid steps must be undertaken urgently, so that the worst impact of the pandemic is not felt over any person or individual connected with the respectable institution of our High Court.

"Loss of any person is a loss of the whole family and fraternity connected with the High Court and therefore the aforesaid steps must be taken in no time by giving all the aforesaid issues the utmost priority, which they deserve", concludes the letter.

Click Here To Download Letter