SC to hear plea to declare virtual hearing as fundamental right on August 1

The Supreme Court said On Thursday that the plea to decide the right to access virtual hearings as a fundamental right would be heard on August 1.

The petitioner’s attorney brought up the subject before Chief Justice of India (CJI) NV Ramana, who noted that it had already been listed.

It is already listed,” the CJI said.

“On August 1,” the lawyer said.

“Yes then it will be heard on that date. I am not getting into this,” the CJI said.

The matter had previously been ordered to be heard by a bench under the leadership of Justice DY Chandrachud by CJI-led bench. The Supreme Court’s e-courts programme is led by Justice Chandrachud.

Notably, at least two petitions ask for a virtual hearing to be granted as a matter of right.

The All India Jurists Association, a group representing more than 5,000 lawyers nationwide, and journalist Sparsh Upadhyay have filed a petition asking the Supreme Court to declare  that right to participate in court proceedings through virtual courts via video conference is a fundamental right under Article 19(1)(a) and (g) of the Constitution.

The petitioner has argued that such access cannot be denied or dispensed on procedural grounds related to a lack of infrastructure or technology or an inconvenience to the courts in handling them.

It’s interesting to note that the petitioner association has also asked the Supreme Court’s E-Committee to be added as a party to the lawsuit.