Courts across the country resuming physical hearing, albeit in a phased manner, has evoked mixed reactions from stakeholders. .This is particularly so at the Supreme Court where many lawyers are in favour of continuing with virtual hearing even after pandemic, while a significant other half wants the Court to revert to full physical mode..This marked difference of opinion among lawyers seems to have played its role in prompting the top court to propose a hybrid mode of functioning where parties/ counsel would be at liberty to choose between appearing physically or virtually. In other words, in the same matter, one party will be at liberty to appear physically while the other will be allowed to appear virtually if they so wish.This system is expected to kick in from March 2021. .Supreme Court to begin hybrid mode hearings: Lawyers will have option to appear either physically or virtually in physical courts.However, this method might not be without its shortcomings as was evident on Wednesday in Karnataka High Court which has already adopted this mode of hearing. .During a hearing before the High Court, Additional Solicitor General Madhavi Divan raised concerns about poor audio quality stating that she was unable to hear the submissions made by the other party, who appeared physically..Divan, who was addressing the Court via video conference mode informed Justice PS Dinesh Kumar that she could not hear/ understand the submissions made by Senior Counsel Dhyan Chinnappa appearing physically on behalf of Flipkart. .The Court was hearing two petitions moved by Amazon and Flipkart seeking quashing of the probe ordered by the Competition Commission of India (CCI) against them for alleged violations of Competition Law..As soon as Chinnappa began to make submissions, Divan apprised the Bench that Chinnappa was not audible. Following this, the Bench asked Chinnappa to use a microphone. .Once Chinnappa wrapped up his arguments for the day, Divan informed the Bench that there was a serious issue of audio clarity in his submissions and, therefore, asked if Chinnappa could forward a synopsis of his contentions. This was readily accepted by Chinnappa. .In adopting a hybrid mode, courts are taking a big step by effectively recognizing the right of parties to appear in physical court through virtual means. Technical shortcomings might, however, have to be addressed for staking claim to allow such a system to continue post pandemic.
Courts across the country resuming physical hearing, albeit in a phased manner, has evoked mixed reactions from stakeholders. .This is particularly so at the Supreme Court where many lawyers are in favour of continuing with virtual hearing even after pandemic, while a significant other half wants the Court to revert to full physical mode..This marked difference of opinion among lawyers seems to have played its role in prompting the top court to propose a hybrid mode of functioning where parties/ counsel would be at liberty to choose between appearing physically or virtually. In other words, in the same matter, one party will be at liberty to appear physically while the other will be allowed to appear virtually if they so wish.This system is expected to kick in from March 2021. .Supreme Court to begin hybrid mode hearings: Lawyers will have option to appear either physically or virtually in physical courts.However, this method might not be without its shortcomings as was evident on Wednesday in Karnataka High Court which has already adopted this mode of hearing. .During a hearing before the High Court, Additional Solicitor General Madhavi Divan raised concerns about poor audio quality stating that she was unable to hear the submissions made by the other party, who appeared physically..Divan, who was addressing the Court via video conference mode informed Justice PS Dinesh Kumar that she could not hear/ understand the submissions made by Senior Counsel Dhyan Chinnappa appearing physically on behalf of Flipkart. .The Court was hearing two petitions moved by Amazon and Flipkart seeking quashing of the probe ordered by the Competition Commission of India (CCI) against them for alleged violations of Competition Law..As soon as Chinnappa began to make submissions, Divan apprised the Bench that Chinnappa was not audible. Following this, the Bench asked Chinnappa to use a microphone. .Once Chinnappa wrapped up his arguments for the day, Divan informed the Bench that there was a serious issue of audio clarity in his submissions and, therefore, asked if Chinnappa could forward a synopsis of his contentions. This was readily accepted by Chinnappa. .In adopting a hybrid mode, courts are taking a big step by effectively recognizing the right of parties to appear in physical court through virtual means. Technical shortcomings might, however, have to be addressed for staking claim to allow such a system to continue post pandemic.
