Supreme Court Refuses To Entertain Petition Seeking Hybrid Hearings In Bombay HC, Asks Petitioner To Move HC

The Supreme Court on Monday refused to entertain a PIL seeking adoption of a permanent hybrid mode of hearings at the Bombay High Court and and all its Benches at Aurangabad, Nagpur, and Goa. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, while dismissing the petition, stated that the petitioner had the option of approaching the High Court and granted the petitioner liberty to do the same. 

At the very outset, CJI DY Chandrachud said–

"Why not approach the High Court with this? Move to the High Court under 226."

The bench then dismissed the petition granting the petitioner liberty to approach the High Court under Article 226. 

As per the petition, filed by 'Law Lab India', virtual hearings would encourage the right of access to justice guaranteed under Article 21 and Article 19 of the Constitution of India. The petition submitted that due to absence of hybrid form of hearing in the Bombay High Court, every litigant who wished to attend court was required to travel long distances to the city where the Bench was located. It stated–

"This entails substantial expenditure in terms of money and time. The litigants are required to travel and attend court physically. Often times, due to paucity of time if the matter is not taken up, the litigant's travel is to no consequence. Thus, litigants have to travel on every date. The cause lists of the High Court are published late on the previous day. This makes it difficult for the litigant to plan his/her travel at the eleventh hour."

The petition had also argued that often times, even though the matter was directed to be listed on a specific day, for certain reasons the matter would not get listed and thus, the litigant who had planned his travel in advance was left in a uncomfortable situation.

While citing reasons of transparency, reduction of pendency of cases, and access of justice, the petition had cited the example of Orissa High Court and stated– 

"Recently, even the virtual High Courts in 10 districts of the state of Odisha were inaugurated by the Hon'ble the Chief Justice of India. As such virtual benches of the Hon'ble Orissa High Court is now being conducted in ten districts of Odisha."

Case Title: Law Lab India And Anr. v. Hon’ble High Court of Judicature At Bombay And Ors. WP(C) No. 308/2023 PIL

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