[Virtual Hearing] "Fakta 2 judges kase boltil:" How judges find it difficult to speak to each other without participants hearing

Over the past two years, video conference hearings have ushered in a sea change on how court proceedings are perceived by lawyers and litigants across the country..The positives brought in by the system have even prompted a section of the Bar to demand that it be made a permanent feature to augment access to justice. The Supreme Court of India is also considering a petition regarding the same..However, virtual hearings have not been without glitches and problems.On Thursday, a Bombay High Court Bench of Justices SS Shinde and NR Borkar raised a concern that has been affecting other courts too - that of judges not being able to consult with each other during a hearing without lawyers and litigants overhearing the conversation.Since many High Court judges and all Supreme Court judges sit in benches of two or more, such conversations are what keep the judges informed of the other's thought process, and ultimately play a role in the outcome of the case..During normal physical hearings, judges would lower their voices and even at times hide themselves behind a case file to have a conversation on the case, before arriving at a decision.However, in video conference hearings, when judges sometimes join from their respective chambers, communication with each other in open court has often been a problem. The judges normally ask the control room operating the hearing to mute all participants so that they can have a conversation.However, many judges have not been completely at ease with this process..The Bench of Justices Shinde and Borkar assembled today to deliver three judgments. When the hearing began, the judges sat from their respective chambers as a safety precaution due to COVID-19.Before they started taking up cases, they did a sound check to verify whether they were able to communicate with each other seamlessly. Once it was verified that they could hear each other, the judges gave a thumbs up."Prayog succesful ahe! (experiment was successful)," one of them exclaimed. .However, once the pronouncements were over and the Bench started hearing matters on the board, they found out that they were having difficulty consulting each other discreetly. One of the judges also asked his court staff to check with the technician whether there was any way the two judges could communicate with each other without the other participants hearing the same."I have called technician. Fakta two judges na kasa bolta yeil VC madhe [how can two judges speak during VC (without others hearing)]? There has to be a system. We should sit in courtroom only," Justice Shinde said.Since there seemed to be no such provision, the judges decided to assemble in the courtroom and hold proceedings from there, so that they could converse with each other..While Justice Shinde's 'prayog' (experiment) today might not have been entirely successful, it is something that could be looked into by the e-committee.