Bar Council of India says Virtual Courts Cannot Serve Justice

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During the Covid-19 pandemic, Courts are operating through video conferencing. In regards to virtual proceedings, the BCI recently stated that it does not serve justice.

BCI’s Opinion

The Bar Council Of India is a body that regulates the legal profession in India. It criticised this method of video conferencing and complained against it. The reason for criticism was that the litigants were unable to get justice.

According to BCI, the general public and advocates have no idea what is going on in different Courts. Further, BCI claimed that people are taking undue advantage of the lockdown. The legal profession was being subject to connections of advocates and law firms. The entire network is going out of control of regular advocates.

“Litigants are unable to get justice through the process of virtual courts. This is due to poor wifi and other technical problems. We cannot expect an effective hearing in this process”- BCI.

Technical glitches will exist. This is because people do not have the same facilities. For this, BCI discussed the possibility of resuming regular physical court hearings.

Justice D.Y. Chandrachud’s Clarification

Justice D.Y. Chandrachud of the Supreme Court was part of a webinar organised by Navya Forum. He said that Virtual Courts could not replace Open Court Hearings.

Further, he said that-

“I want to dissuade people from the idea that virtual court hearings are some sort of a formula. These are a substitute for the open court hearing. We had no choice in the pandemic, but to resort to hearing via video conferencing. They will not be able to replace physical court hearing”.

Outcome

The Courts have completed over a month of hearing through video conferencing now. Presentation of this matter to the Chief Justice of India SA Bobde would happen at the earliest.


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