Hearing of cases in courts through video conferencing

 

Due to the current surge in the COVID-19 cases in the UT of Jammu and Kashmir as also in the UT of Ladakh, in order that justice delivery may not be adversely impacted , uniform workflow in all the District and Subordinate Courts and Tribunals and to conduct day to day hearing of cases through video conferencing has been decided. Decision to this effect , of course of much significance , has been taken by the Chief Justice of combined High Court of UT of Jammu and Kashmir and UT of Ladakh. We know that such a decision was going to have the normal working in courts going on in an uninterrupted way and day to day hearing of cases conducted even without personal appearance besides saving time of the litigants on travelling , if any, and thus the entire exercise being cost effective as well. All Judicial Officers using the technology and associated tools, therefore, would be fully ensuring their safety besides the advocates and other court staff from the raging spread of the COVID pandemic. The decision will be hailed by one and all especially by the litigants. Notable thing all about the video conferencing especially in courts and even most of other important institutions, is the uniform impact by the treacherous COVID -19 pandemic worldwide on conventional modes and opting for a convenient but the only alternative safe and secure mode of contact without physical appearance, hence video conferencing. Social or physical distancing having become the main prerequisite to get protection from the dreaded virus, courts have thus resorted to video conferencing. Emerging technology can solve most of our problems and in the instant case, the District and Subordinate Courts as also Tribunals not letting the pandemic affect adversely their day to day functioning , last year also resorted to this mode in Jammu and Kashmir and this time , instead of completely shutting and letting the work pile up and suffer , wide use of this technology is expected to bear much encouraging results – the litigants thus not feeling the pinch of the absence of physical presence. Administering justice should in no way be felt to be wanting in its aim and purpose and using of this technology by the courts was surely going to allay any fears in this respect. This is so especially when video conferencing could be used in almost all matters , civil and criminal , and most importantly the matters of police remand, bail applications etc which are of no less importance for disposal in time. It is more so likely keeping in view the relaxation ordered by the Chief Justice to all Judicial Officers the liberty to work through virtual mode from their respective official residences . Moreover, a sitting roster for the District Judges and Magistrates for remand purposes or for meeting any judicial exigencies having been constructed under the order of the Chief Justice which in turn shall really make it more smooth and giving a feeling of normal court working . Moreover, the elasticity in the order to accord priority to attend to emergency work of all the courts can be seen in some districts where a roster has been prepared for sitting of Judicial Officers for the purpose where they can skip any additional judicial work in the courts on that particular day as priority was to attend to urgent and emergency cases. Again, the Judicial Officers of Jammu and Kashmir and the UT of Ladakh being free to choose any available tool of video conferencing depending upon the compatibility makes the new arrangement of day to day work in district and subordinate courts through this electronic mode more certain and easy. At least, 50 per cent of the attendance of the staff shall be ensured , under the order of the Chief Justice, on each working day , that was going to make it possible to access physically files pertaining to cases . In short, it is ensured that through video conferencing the regular working in the courts shall take place and that also as per the scheduled court timings. NEET