Can't Compel Lawyers To Attend Hearings Only Virtually, Can Only Appeal To Bar: Supreme Court

The Supreme Court on Tuesday said it cannot compel advocates to attend hearings only through video conferencing and can merely make an earnest appeal to members of the Bar to opt for virtual appearances amid the ongoing fuel crisis triggered by the conflict in West Asia.A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi was hearing a writ petition seeking directions for virtual hearing of miscellaneous matters for three months in view of the fuel crisisWhile appreciating the petitioner's initiative, the bench observed that the Court cannot judicially mandate advocates to appear only virtually if some members of the Bar face practical difficulties in doing so."We appreciate the initiative taken by the petitioner. However, it may not be prudent to issue judicial command for members to appear online without knowing the difficulties faced by them. Consequently we deeme it appropriate not to issue any directions. However, we make earnest appeal through the administrative side to attend the proceedings through virtual hearing," the Court observed in the order disposing of the petition.The Chief Justice said that while the Court is willing to provide all logistical support for virtual hearings, it cannot issue a judicial command in that regard."It is not the Court's command. We have only issued an administrative circular requesting members of the Bar to join proceedings from home through virtual mode. But we cannot impose such restrictions. Chairman of the Bar Council, office bearers of the Supreme Court Bar Association is here, persuade them," he remarked.The petitioner, appearing through counsel, argued that apart from advocates commuting to courts, a significant amount of fuel is also consumed in transporting prisoners for court appearances. It was submitted that over 250 buses ferry prisoners to and from courts every day and that even those in judicial custody are required to be produced regularly. A request was made for prisoners to be permitted to appear through video conferencing.Responding to this, the CJI said the Punjab and Haryana High Court already permits prisoner appearances through virtual mode. He added that if any specific High Court is not following such a practice, the Supreme Court could examine the issue administratively after gathering relevant facts."I have already written to the Chief Justices of High Courts to take advantage of virtual hearings," the CJI said.The Court ultimately disposed of the writ petition.It may be recalled that the Supreme Court had recently introduced immediate administrative measures, including mandatory virtual hearings for certain categories of cases, in line with the Union government's fuel conservation measures. The directions applied to miscellaneous hearing days, Mondays and Fridays, as well as partial working days.However, following representations from members of the Bar, the Court later clarified that while advocates were encouraged to appear virtually, those unable to do so for unavoidable reasons could continue to appear physically.Case Details: SHOBHA GUPTA Vs UNION OF INDIA|W.P.(C) No. 658/2026 Diary No. 31285 / 2026

Can't Compel Lawyers To Attend Hearings Only Virtually, Can Only Appeal To Bar: Supreme Court

Gursimran Kaur Bakshi

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Gursimran Kaur Bakshi

Can't Compel Lawyers To Attend Hearings Only Virtually, Can Only Appeal To Bar: Supreme Court

Gursimran Kaur Bakshi

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