Delhi HC asks district courts to lift permission clause in hybrid hearing

Courts

The Delhi High Court has directed district courts within its jurisdiction to revoke the mandatory permission needed for lawyers and litigants to appear physically or virtually in a trial.

Parties willing to avail the facility of virtual hearing so far had to seek permission from the court and, in case no such request were made, physical presence in the courtroom was mandatory.

The notification further mentions that the courts must ensure that only necessary parties are allowed to appear online in cases pertaining to matrimonial disputes, child adoption, sexual offences, violence against women, as well as matters involving the Protection of Children from Sexual Offices (POCSO) Act, 2012, matters relating to the Juvenile Justice (Care and Protection of Children) Act, 2015, and cases pertaining to medical termination of pregnancy.

Courts have also been given the power to decide against sharing the link for virtual hearing with the public if they feel it may be antithetical to administration of justice. The courts will have to record the reason in writing if they choose not to share the link for virtual hearing.

If the courts feel that a case should be only heard in the physical mode, it should record the reason for doing so in writing and intimate the same with the lawyers and litigants for both the parties.