Petition to declare virtual hearing as fundamental right: Petitioner seeks impleadment of Supreme Court E-Committee

All India Association of Jurists, the petitioner before the Supreme Court which has sought declaration of virtual hearing as fundamental right, has filed an application seeking impleadment of Supreme Court E-Committee as a respondent in the case (All India Association of Jurists v High Court of Uttrakhand & Ors)..The E-Committee of the top court has been instrumental in pioneering and promoting virtual hearing, particularly after the COVID-19 pandemic hit.The E-Committee headed by Supreme Court judge Justice DY Chandrachud, has worked towards boosting infrastructure for video conference facilities across the country and training lawyers to help them use technology particularly e-filing of cases and use of virtual platforms.The application filed by All India Association of Jurists highlighted the steps taken by the E-Committee towards enabling virtual hearing."The petitioner association has made inquiries and also through media reports become aware that the E-Committee of this Hon'ble Court has taken definitive stances insofar as the question of viability of virtual Courts are concerned. The petitioner association begs the indulgence of this Hon'ble Court to impleade the E-Committee also as a party respondent. It's submitted that it's imperative to hear the views of the E-Committee to decide the question of law raised by the petitioners herein," the application filed through advocate Sriram Parakkat stated. .It was submitted that the primary objective of creating the E-Committee at the national level was to technologically equip the process of adjudication and ensure that the online mode of hearing is effective and efficacious. .The petitioner an association of 5,000 lawyers practicing in various High Courts across the country as well as the Supreme Court, had filed the petition before the Supreme Court after the Uttarakhand High Court to revert to full physical functioning from August 24 to the exclusion of virtual mode of hearing cases.The petitioner association challenged the same before the top court and also sought a declaration that the right to participate in court proceedings through virtual courts via video conference is a fundamental right under Article 19(1)(a) and (g) of the Constitution.The top court during the previous hearings had expressed an unfavourable view of the prayer, stating that allowing it would be death knell for physical courts.The Court had nevertheless issued notice to the Bar Council of India, Supreme Court Bar Association and few High Courts and asked them to respond to the petition.