Delhi High Court makes hybrid hearings mandatory in all District Courts in national capital

The Delhi High Court on Monday issued an office order directing district courts in the national capital to allow hybrid hearing of cases before them..This would mean that litigants and counsel can appear through video-conferencing or physically for court proceedings without any prior request.Till now, counsel/parties were allowed to appear only physically by being present in the courtroom. In order to appear via video conference, they had to make a formal request in writing or through email at least a day prior to the proceedings.This has now been done away with. “The hearings shall be conducted in hybrid/video-conferencing mode in conformity with the High Court of Delhi Rules for Video Conferencing for Courts, 2021 and also bearing in mind the provisions of the Live Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022,” the office order issued by the High Court said.A Delhi High Court official said that these changes mean that there is no geographical barrier when it comes to appearing in the courts since counsel or parties can join the proceedings from any part of the world. .The office order further said that the judicial officer, while conducting hearing through the hybrid mode, shall ensure that no person other than the parties and the counsel in that case, digitally accesses or joins the proceedings in certain categories of cases.These would include matrimonial matters, cases concerning sexual offences, gender-based violence against women, as well as matters registered of involving the Protection of Children from Sexual Offices (POCS) Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2015.No third parties would be allowed to the proceedings involving Medical Termination of Pregnancy Act, 1971, in-camera proceedings, recording or evidence, including cross examination..Further, parties who are not related to the case, will not be allowed to join the proceedings in matters where the court is of the view that the publication would be “antithetical to the administration of justice” or the cases which “may provoke enmity amongst communities or which is likely to result in breach of law and order”.However, in these matters, the concerned court would have to record the reasons in writing for now allowing third parties to join.“Further in a given case, the Court may for reasons to be recorded in writing, direct the parties and/or their Counsel to appear physically where in the opinion of the Court the physical presence of the parties/counsel in the court is required or where the court is otherwise of the opinion that the matter should be heard physically in the court,” the office order said..[Read Office Order]