Delhi HC issues notice in plea to make virtual hearings at NCLT, NCLAT accessible to public

The Delhi High Court today issued notice in a petition to make virtual hearings at National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) accessible to the public including Advocates who are not involved in the case being heard. (Deepak Kholsa vs National Company Law Appellate Tribunal & ors) .Notice was issued by a Single Judge Bench of Justice Navin Chawla in the petition preferred by Advocate Deepak Kholsa. ."I am seeking the enforcement of my fundamental right and the open court principle", Khosla said, as he asserted that the present system at the two tribunals, does not allow access to virtual hearings to the public and even Advocates not involved in the case being heard. .Khosla explained that while some Advocates might wish to "observe" a particular hearing, some persons might simply wish to attend a hearing for academic purposes. .The solution is that the Tribunals follow the lead of the Delhi High Court, he stated. .In his petition before the High Court, Khosla has thus sought a direction to the two Trinunals to allow him to witness all the virtual hearings pertaining to his professional or personal interest..While the Court agreed that the Tribunals are indeed "open courts", it referred to the order passed by Justice Suresh Kumar Kait and opined that certain restrictions ought to be in place. .Video-conferencing links only for advocates, IOs; not to be shared with media, other persons: Justice Suresh Kumar Kait of Delhi HC.In response, Kholsa asserted that what Justice Kait experienced was an aberration. He added that in order to avoid such a situation, a separate link which will mandatorily have audio-video switched off might be generated for the public. ."We'll find out why they are not doing it", the Court stated. .Court has sought the assistance of the Additional Solicitor General in the matter. .Appearing for the Central Government, Advocate Dev Prakash Bhardwaj clarified that the Ministry of Corporate Affairs, Government of India has no say in the matter. .During his submissions, Khosla also raised the issue of the Tribunals using the free version of CISCO Webex platform due to which hearings get disconnected after some time. .Since the issue was not part of the present petition, the Court asked Khosla to file a septate petition. .The matter would be heard next on November 20.