Litigants unable to get justice through virtual courts: BCI

Source: The Tribune dated 21.05.2020

-- Satya Prakash

Public, advocates in dark as to what’s really going on in courts, says BCI.
The hearings have often been hit by technical glitches making it difficult for all the stakeholders.

As the court’s function via video-conferencing amid the COVID-19 crisis, Bar Council of India has complained that litigants were unable to get justice through virtual courts.

“Public and advocates are in the dark as to what is really going on in the various courts of the country,” said BCI which regulates the legal profession in India.

“...some people are trying to take undue advantage of lockdown and the legal profession is gradually being attempted to be highjacked by a few blessed Lawyers and selected Law-Firms who have high-level connections. The entire system is likely to go out of hands of common advocates,” BCI alleged, attributing the view to some advocates and bar associations.

In a meeting held here on Wednesday, BCI decided to consult state bar councils and bar associations on the resumption of in-person proceedings.

The Supreme Court, high courts and district courts have been functioning in a restricted manner via video-conferencing since the beginning of COVID-19 lockdown on March 24 as most of the court premises remained out of bounds for judges, lawyers and litigants alike. The hearings have often been hit by technical glitches making it difficult for all the stakeholders.

“On one hand cases of Covid-19 are increasing day by day and on the other, the problems of litigants and advocates are mounting.

Litigants are unable to get justice through the process of virtual courts...due to unsatisfactory Wi-Fi and other technical problems which are a common phenomenon. 

We cannot expect an effective hearing in this process. The public and Advocates are in the dark as to what is really going on in the various courts of the country,” BCI said.

It said the reports received from state bar councils and associations will be submitted to Chief Justice of India SA Bobde within a week.

Taking note of the difficulties faced by advocates practising in SC, BCI decided to approach the CJI and Justice DY Chandrachud, who heads the E-committee of the top court. A maximum of 5 links should be provided to the advocates of each side who apply for the links in a case, it depended.

Without consulting the Bar and without taking the Bar into confidence, if any decision is taken, the same was not going to succeed, BCI said.