Friday, June 12, 2020

Virtual Courts: Necessity is the mother of Invention


Once the initial diffidence is over, E-filing of the cases, counter-affidavits, rejoinders, and additional documents become simple and easy beyond description. The only problem that arises is of the attestation of the documents by notary and oath commissioner for which an exemption application can be filed. The technology of the Virtual Courts is useful for both advocates and clients as well. The VCs lack the warmth, the wit, the bonhomie, the exchange of pleasantries and socialisation with other advocates. But then this Kovid-19 has robbed such luxurious of everybody, not only of the advocates and the persons associated with courts.
The need is to expand the hearing in the VCs from urgent cases to other normal cases. Presently it is confined only to taking of the PILs and urgent matters. The minor technical glitzes that arise during the hearings can be improved and fine-tuned sooner than later without any ado.
My experience of conducting the cases in the Virtual Courts in the last few days have been very encouraging. I have lately found the audio and the video both noticeably clear. Of course, I have been getting help in this regard by my lawyer son Utkarsh. I trust and believe that the march of technology will bring about a sea-change in the dispensation of justice.
Once the live streaming of the court proceedings starts, there will hardly be any complaint from any side about the Virtual Courts. Such courts will be more comfortable than the physical courts. These will save the money and travelling time of the advocates and clients. This will considerably reduce the level of pollution and congestion on the roads. It will be a big gain for the nation also as the fuel could be conserved for other purposes. This will significantly ease the burden of the security which can be used for maintaining law and order in other areas.
The problem will certainly arise when the bigger benches will sit. Then it will be relatively difficult to maintain physical distancing for the judges and the paraphernalia attached to them. But, doubtless, it will be more manageable than the physical courts. In important cases, the senior advocates can be allotted time to argue the cases as they have the bad habit of filibustering. The better structuring of time management will be immensely useful for the judges, advocates and greatly help in the justice delivery system.
Verily, necessity is the mother of invention.

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