It is relevant too that lawyers and judges are steeped in tradition and contained by precedent. By disposition, they are often conservative and risk-averse. My research elsewhere suggests that in the great pantheon of professions, certainly in relation to technology, only the clergy are more cautious about change.[1]
This is the general perception of the researchers about the lawyers and law profession in particular. Fortunately, the Indian judiciary rises to the occasion by hearing the petition virtually once the Covid – 19 lockdowns was imposed. In a way, the Indian judiciary negates the above-mentioned general perception.
The change from physical court to virtual court is commendable. There are many critiques who believes that the Court could do better and effectively. They missed rather overlooked one basic fact that the shift between Physical hearing to Virtual hearing is so sudden that it is humanly impossible to impart training to the staff of registry. Thus, certain teething issues will remain for initial period. Moreover, we are still lagging behind other developed countries so far as infrastructural facilities are available. If we see the numbers of Broadband-wired internet connection in household, they are very less in comparison to the mobile internet connection. Despite these hurdles/obstructions, the Indian Judiciary has done tremendous and commendable job.
In India, the National Lockdown was announced on 24th March 2020. High Court of Gujarat switched to email filing of cases and video conferencing mode of hearing, with effect from 24th March, 2020; based on the modalities as directed in the order of Honourable the Chief Justice passed on 22nd March, 2020.[2] The Apex Court also issued circular on 23rd March, 2020 inter alia, providing the guidelines relating to hearing extremely urgent matters. Most of other High Courts also shifted the working virtually. Noticeably, the Higher Courts shifted to virtual hearing on the very same day of the lockdown was imposed.
If we consider the workings of Judiciary in this time-line and context, it projects a different picture as against the general perception of the lawyers and other stakeholders that the Judiciary is in grinding halt. Moreover, the newspapers report are flooded with news reports of the suo-motu issues relating to Covid-19 pandemic by various High Courts as well as the Apex Courts. There are reports indicating various matters were not only heard but Judgments are pronounced during the national lockdown. It is relevant to point out that when all the Government offices were under lockdown, it is Judiciary which was working and taking up extremely urgent matters. Therefore, it is wrong to suggest by comparing the workings of the Courts with normal government offices. It is equally illogical to suggest that now when all Government offices are open the Court should also start working regularly.
However, I agree that the Courts and registry can do much better and can also evolve some mechanism with the active involvement of all stakeholders such as lawyers, clerks etc; so as to streamline the entire process. But while giving such advise once should not remain oblivious that certain problems relating to administration of courts such as shortage of work force, shortage of infrastructure etc, are already plagued our institutions. Therefore, we should be realistic while criticising the functioning of the court in this difficult time.
One would be surprised that most of the High Courts have cancelled the summer vacations. Meaning thereby, all the High Courts including their staff are working round the clock. Unfortunately, many a staff-members of the High Courts contacted Corona Virus while performing their duties.
I do not suggest that the shortcomings of the Court should not be voiced. But the same needs to be realistic and not just for the sake of criticizing. It is the time to appreciate the efforts while also providing the suggestions for the betterment of the virtual hearing system. We can save the criticism for some other day.
Just Like that:
“The pleasure of criticizing takes away from us the pleasure of being moved by some very fine things.”
– Jean de La Bruyère
