Advocates Association, Bengaluru writes to Karnataka HC Registrar requesting to not substitute "digital hearing" for "regular hearing"

The Advocates Association, Bengaluru (AAB) has written to the Registrar General of the Karnataka High Court urging that digital hearing/ video conferencing should be resorted to only during times when it is impossible for physical courts to function and not otherwise..The AAB letter states that the lawyer community in the State is very concerned about the change and the trend towards adopting video conferencing as a mode of hearing, in place of regular hearing..It was further stated that every change must be deliberated, discussed and debated with utmost seriousness. The present proposed change of institutionalising Court hearings through digital mechanism requires real thought and application of mind by all the stakeholders in the institution such as Judges, lawyers, litigants and the government, the AAB adds. .To buttress the argument of several flaws with digital hearings, AAB narrated a recent incident that took place before the High Court of Kerala while hearing the opening of Karnataka State borders for medical emergency. In this regard, the letter reads, ."In a recent matter before the High Court Of Kerala with regard to opening of the State borders for medical emergency, the Advocates Association, Bengaluru, had filed an application to implead itself as a party respondent to the proceedings. The Hon’ble judges, refused to hear us on the application and asked the registry to ‘mute’ the mic. The Hon’ble Court was perhaps justified in denying a hearing, since the application was not listed, however to ‘mute’ the lawyer would with great respect, be not the right way to proceed. Kindly do not think of this as a complaint, it is narrated here in order to point out how technology can be used, to easily deny a party to the proceedings of an opportunity of being heard.".It was further pointed out that similar difficulties were experienced while implementing video conferencing for hearing matters by the Judges of the Dharwad and Kalburgi Benches of the Karnataka High Court. .It was further mentioned that "it is one thing to have a set process in place to have video conferencing for hearing cases to meet contingencies such as the one we are facing at the moment, due to the Covid 19 pandemic, and a totally different issue to have it as a regular process.".The AAB has stated that in times of contingencies, in the absence of alternatives, it becomes imperative to fall back on video conference hearings. However, during regular working days, employing digital hearings is totally uncalled for. .On the above grounds, AAB made a request to the Courts to not resort to digital hearings as an alternative to regular court sittings and the physical hearing of cases..When, physical courts can function the concept of digital court/ video conferencing of hearing as an option would be wholly unnecessary.AAB letter.The AAB letter comes days after the Supreme Court issued a series of directions in a matter taken up suo motu to look into guidelines for the functioning of the Court by video conferencing during the COVID-19 lockdown..CJI SA Bobde also observed the suggestions made by Senior Advocate Vikas Singh so that video conference hearings can continue in the long term to decongest the top Court should be given substantive consideration. He added that the Court needs changes in the way it functions and that these issues will be considered after lockdown is lifted..While wrapping up the recent hearing, CJI Bobde had also orally remarked, "This cannot be seen as a temporary issue. Technology is here to stay."