SC allows lawyers to appear virtually, amid severe air pollution

NEW DELHI: In the backdrop of prevailing severe air pollution in the national capital, the Supreme Court on Tuesday said all judges have been asked to allow virtual hearings wherever possible, but declined a plea by lawyers to conduct hearing in fully virtual mode.

Supreme Court Bar Association president Kapil Sibal, along with other counsel, mentioned before a bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, raising the issue of the worsening pollution in Delhi and NCR.

CJI Emphasizes Flexibility: Virtual Hearings Optional for Lawyers

“We have told all the judges to allow virtual hearings wherever possible,” the CJI said.

Sibal on his part contended pollution is getting out of control.

Notably a thick layer of smog has been seen in the NCR owing to weather conditions.

However, the bench did not allow the submissions that the court should fully go online.

Delhi’s Severe Pollution Prompts SC to Adapt Hearing Modes

The bench said lawyers have the option to appear online.

Solicitor General Tushar Mehta and senior advocate Gopal Sankaranarayanan came in support of the submission made by Sibal.

Mehta said the apex court, as a matter of principle, should go virtual.

The bench, however, said, “The way we are functioning today, if anybody wants to be online, they can go online."

In his submission, Sankaranarayanan said thousands of lawyers come to the Supreme Court daily using their own vehicles. He said lawyers’ clerks also use personal vehicles often.

"We will leave it to the lawyers concerned. We have given them that facility, whenever you want to appear virtually, you can," the bench said.

Sankaranarayanan said GRAP-IV (Graded Response Action Plan)  restrictions are implemented in Delhi-NCR and there are no such specific instructions for courts in the city.

"You have the option; you exercise that option. We will accommodate everyone," the bench said, clarifying that no case would be dismissed due to absence of the counsel.

On Monday, the Supreme Court's registry issued a circular advising its staff to wear masks due to the alarming pollution levels in the national capital.