"We are very cautious, don’t know who is listening and who is not listening to virtual Court:" Karnataka High Court on video conference hearings

Web links to virtual court hearings being made available to public at large might have had the unintended effect of making judges circumspect while making oral remarks during court hearings. .A Karnataka High Court Bench remarked in lighter vein on Tuesday that it is cautious when hearing cases through video conference. .“We are very cautious. We don’t know who is listening and who is not listening. But video conference links are available to all now, it is open court now,” a Bench of Justices Satish Chandra Sharma and Nataraj Rangaswamy said.The statement came during the hearing of two appeal petitions moved by E-commerce giants Amazon and Flipkart challenging a single-judge's order dismissing their petitions challenging a probe by Competition Commission of India for alleged Competition Law violations.The Bench made this statement after Senior Advocate Gopal Subramanium appreciated the Court for a comment made during a previous hearing highlighting the services of doctors amid the COVID-19 pandemic.In this context, Senior Advocate Harish Salve, appearing for Flipkart, said that many news media outlets had misreported some of his arguments yesterday.“Many new media(s) have now reported that Flipkart now admits that it is influencing the prices by having preferred sellers. I don’t know from where they are getting it. I submitted yesterday – If I give someone gives a discount on rent, how does it become an agreement in production scale,” he said. “Yes. This is too much”, said the Bench.Subramanium, on the other hand, said that misreporting the arguments made by lawyers might actually lead to occupational hazards."There is an alternate forum for debate now,” responded Salve. “At least you have that forum, now we don’t have that forum also,” the Court quipped. .The Karnataka High Court had switched to the virtual mode of hearing over a year ago.The Court had commenced limited physical functioning after a dip in COVID cases before it reverted to full virtual mode once again in May 2021 after the second wave of pandemic struck. .Amazon, Flipkart file appeal in Karnataka High Court against Single Judge order dismissing challenge to CCI probe; matter to come up tomorrow.During the hearing of the Amazon-Flipakart case on Tuesday, Subramanium submitted that the algorithm in Amazon is dictated by consumers. It was submitted that preferential listing of products is based upon the reflection of the consumers.“Even PPE kits, sanitizers – the algorithm will inform which seller will bring it to your area the fastest, who gives it in the best condition etc. This is based on what the consumers say… that Preferential listing is based upon reflection of the consumers.”Further, on the order of the single-judge, Amazon submitted that the same had failed to appreciate that an online marketplace, which by its very design is an instrument to promote competition, could not be treated as anti-competitive unless there was clear and cogent evidence to that effect.The hearing will continue tomorrow, May 23.