A 3 judge bench led by CJI SA Bobde begins hearing Suo Moto case for guidelines on court functioning via video conferencing.

Attorney General KK Venugopal, Solicitor General Tushar Mehta, & DG NIC attend the hearing via video conferencing #lockdown #Coronascare

CJI peruses letter petition by Sr adv Vikas Singh on suggestions for working of courts during lockdown.

Singh-- Due to the sociap distance norms being maintained , the anxiety is of access of litigants and mediapersons

CJI-- suggestions by Vikas Singh need to be given substantive consideration. The court needs changes in the way it functions and will be considered after lockdown is lifted. This needs a detailed deliberation.

SC orders:

-- The Covid 19 outbreak demands social distancing. To ensure continuous functioning every stakeholder expected to coordinate.

-- To preserve the rule of law and the Constitution, social distances guidelines have to be followed while maintaining Constitutional role

-- All hearing in congregation must necessarily be suspended. Technology has facilitated accessibility and connectivity and Indian Courts have been proactive in harnessing technology.

It is necessary to ensure that court premises do not contribute to spread of virus.

-- We want to give legal protection to the measures that have been employed by courts.

-- Orders being passed under article 142. All steps be taken by Supreme court and High courts for social distancing guidelines and best public Health guidelines

-HCs authorised to employ measures for social distancing through use of technology. Every HC authorised to determine modalities for use of videoconferencing

- All courts to maintain helpline for grievances regarding video feed and line during and immediately after the hearing

- Courts to make appropriate arrangements for litigants who cannnot access videoconferencing facilities

Until appropriate rules are framed by the HCs videoconferencing will be used.

SC says that evidence will not be recorded via videoconferencing in any csse. If evidence must be recorded the presiding officer will ensure that distance is maintained inside the courtroom.

The court will have the power to restrict entry into courtroom to maintain distancing.

-- No presiding officer will restrict entry of the parties to the case unless the parties are suffering any health problems, says SC

Presiding officer will have power to adjourn proceedings if crowd cannot be managed.

CJI led bench states that directions have been issued to ensure that judiciary rises to face the unique challenge of Covid 19

These orders will remain in place till further orders.

After there were glitches in videoconferencing facilities in SC on 3 April, CJI today asks Department of Justice and NIC Director to take note of the "serious problems with the sitting of the court on Friday".

"Glitches must be eliminated otherwise court work cannot succeed."

-- Secretary general of SC and Registrar general of all HCs to connect to the DG NIC to ensure connectivity, says SC

AG Venugopal: Primary issue that arises is as to whether we are having the most efficient system which can be accessed by lawyers across the country.

AG: The video system had to be adjusted by an officer of the SC registry before I could connect.

NIC must look into which is the most efficient and cheap application that can be used by all lawyers across the country. Cannot stop only as long as Covid 19 is there.

CJI-- HCs have been given free charter to use any application that works in their jurisdiction. We are not making any rules on what should be used.

SG: this is the best solution under circumstances. It may not be a suitable mode for long drawn Hearing but it is for short ones

CJI-- we will not hear this till an announcement from government on the lockdown is made and if the lockdown is lifted we will hear the matter, if it is not lifted we will see what can be done.

DG NIC-- There are 3 things which is required for videoconferencing-- good broadband connection, good devices and the conduct of people since if one person is speaking others must put device on mute

NIC will construct guidelines on how to conduct video conferencing calls and it would be sent to courts and lawyers.

NIC state officials to be appointed to liaise with and support state High courts.

CJI SA Bobde while wrapping the hearing says: "This cannot be seen as a temporary issue. Technology is here to stay."

Matter adjourned for 4 weeks. #lockdown #CoronaVirusOutBreak