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THE VIRTUAL BENCH

May 31, 2020

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Business Today

Lockdown has given a big push to virtual courts. Will this be the turning point in Indian judiciary?

- DIPAK MONDAL

THE VIRTUAL BENCH

Recently, a judge in the Rajasthan High Court adjourned proceedings on a bail plea after the petitioner’s lawyer appeared in a vest for the hearing conducted through video-conferencing.

The lockdown has forced courts to take up urgent matters via video-conferencing. While the legal fraternity is slowly warming up to the idea, it may take some time before such hearings become common. Though there are problems which will take time to get resolved, many in the legal fraternity say virtual hearings could be a game-changer in the long-term.

Shedding old Ways

Shankh Sengupta, Partner, Dispute Resolution, Trilegal – a law firm, recently completed arguing a case for the Association of Mutual Funds in India (AMFI) against IndiaBulls in the Delhi High Court. The hearing was conducted through video-conferencing. For Sengupta, it was a good experience even though there were initial problems regarding internet connectivity. “The judges were well prepared, and the lawyers were very disciplined. We were happy that even in a lockdown situation, we were able to get the court to convene a hearing involving several lawyers and parties over a very important matter of public interest,” he says. The division bench of two judges heard four appeals at one time, with lawyers representing at least five different parties. According to Sengupta, it was a fairly big hearing, and in the normal course, it would have been a packed courtroom.

For virtual courts to continue, systems and processes have to be recalibrated, along with better discipline and time management.

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