During this time when the whole nation is in lockdown due to COVID-19 situation for almost two months, there has been several issues aroused for the living of human being across the globe. There is no certainty in this situation and many problems have been faced by the people of the country and for the government also. During this COVID-19 outbreak in Arthur Road jail 184 prisoners and 26 officials have been infected that’s why they decided to decongest the jail. After this incident, a high power committee decided to release 50% of the total 35,239 inmates across the state prison and the move is contrary and then there is vizag gas leak tragedy where court has to give orders and take the PILs, and there are other important issues too for which the court has to be working and for that government decided to setup an virtual courts where facilities is provided for litigants to file the plaint electronically through e-Filling and also pay the court fees or fine online through https://vcourts.gov.in . Litigant can view the status of the case also online through various channels created for service delivery. However, for adjudication purpose the litigant may have to appear in person or through the lawyer in the court. Virtual court is a concept aimed at eliminating presence of litigant or lawyer in the court and adjudication of the case online. Earlier top courts had issued a circular on March 23 suspending entry of lawyers and litigants to the court premises and directing that only extremely urgent cases will ne taken up for the hearing through video conferencing.
Though right now virtual court is important because sudden outbreak of COVID-19 pandemic forced Supreme court to resort to virtual hearing. Supreme Court was under total shutdown due to corona virus threat, has been hearing only extremely urgent cases since March 23 via video conferencing without the personal presence of the lawyers or the judges. But according to Justice DY Chandrachud in his recent Webinar organised by Nyaya Forum of National Academy of Legal Studies and Research, Hyderabad on the topic ‘ Future of Virtual courts and access to justice in India’, he said that virtual court hearings will not replace or be a substitute to physical courts.
He also mention quote “ I want to dissuade people from the idea that virtual court hearing are some sort of panacea. They will not be able to replace physical court hearings. We had to resort to virtual court hearing because Covid-19 descended without warning and we had no other choice. We had to protect those who come to court – lawyers, litigants, media personnel, para-legal, interns”. Justice DY Chandrachud, who is also the chairperson of the e-committee at SC, said that the digitization of courts including e-filling must be standardized across the country. There module that has been introduced for new e-filling. This module will provide personalized information to every advocate on record of cases which have been filed by them.
Though he also mentioned "What I perceive for future is a healthy mixture of hearings in open courts and virtual courts. Virtual courts must be encouraged in areas they are suited to. And we must necessarily have open court hearings which really constitute the spine of our system," he said and gave the example of how virtual e-courts in Delhi dealing with traffic challans have been a real success story.
