Supreme Court bench irked over disruptions during online hearings due to use of mobile phones by lawyers, now allowed with directions

Hon’ble Chief Justice of India N.V Ramana has assured that lawyers can attend the proceedings through their mobile phone if they do not have a laptop or desktop, according to the Supreme Court Bar Association (SCBA). The Chief Justice of India, however, requested the members of the bar that the mobile phone should be stationed and placed in such a manner that the face of the lawyer is visible and the voice is audible.

Repeated disruptions due to use of mobile phones: Earlier this week, a Supreme Court bench headed by Chief Justice of India N V Ramana expressed unhappiness over repeated disruptions during virtual hearings due to the use of mobile phones by several advocates, and said it may have to ban participation through mobiles.  A bench comprising the CJI and justices A S Bopanna and Hima Kohli was unhappy over the fact that it had to adjourn the hearings in as many as 10 cases listed on Monday due to disruptions in either audio or visual or both from advocates’ end during the proceedings.

Starting virtual courts in 2020: The top court has been hearing cases through video-conferencing since March 2020 due to the pandemic and has been relaxing or tightening the conditions from time to time keeping in mind the changing pandemic situation. 

Again in 2022: The apex court, on January 2, took note of a sudden spike in the number of COVID-19 cases in the country and decided to hear all matters in virtual mode and from January 7, the benches are sitting at the residential offices of the judges. The top court,decided to hear all matters in virtual mode, and from January 7, the benches are sitting at the residential offices of the judges.

The issue was discussed in SCBA: Earlier in the day on Tuesday, the Executive Committee of the Supreme Court Bar Association held a virtual meeting with the Chief Justice of India and four senior-most judges.  “During the Course of the meeting, the issue of usage of mobile phone for attending the court proceeding was discussed. The Chief Justice assured the Executive Committee that it is only an advisory for uninterrupted Court Proceeding and in case any lawyer does not have a Laptop/Desktop, he/she can attend the proceeding through the mobile phone,” the SCBA said in a press statement.

Allowing use of Mobile: However, the Chief Justice of India has requested the members of the bar that “in case of using the mobile phone for attending the court proceedings, the mobile phone shall be stationed and placed in such a manner that the face of the lawyer is visible and the voice is audible.”

The issue of muting and unmuting: “The Judges have assured that the issue of muting/ unmuting of the lawyers will be looked into and necessary measures will be taken to streamline the system,” the statement read.  The SCBA said that the CJI also assured that the oral mentioning is already available in all courts and in case any lawyer needs to mention any matter before any Bench, they may contact the court master in the morning.

Joining through Single device: A notification dated January 17 had advised the lawyers and litigants to join the virtual proceedings through a single device either a laptop or a desktop.

“All advocates, party-in-person must also join the VC hearings preferably using a headset enabled microphone and audio system…Please also close all background applications running on your devices for best VC experience,” the notification had read.