Tuesday, April 7, 2020

Social distancing a matter of duty: SC

Dhananjay.Mahapatra@timesgroup.com

New Delhi:07.04.2020

The Supreme Court has institutionalised video-conferencing during the lockdown period and said every individual and institution must implement measures designed by health authorities and governments to reduce the spread of Covid-19.

While providing modalities for use of video-conferencing facilities for hearing of urgent cases and even recording of evidence, a bench of CJI S A Bobde, Justices L Nageswara Rao and D Y Chandrachud said, “Faced with the unprecedented and extraordinary outbreak of a pandemic, it is necessary that courts at all levels respond to the call of social distancing and ensure that court premises do not contribute to the spread of the virus. This is not a matter of discretion but duty.”

It added, “It is necessary to ensure compliance with social distancing guidelines issued from time to time by various health authorities, government of India and states. Court hearing in congregation must necessarily become an exception during this period.”

Using its extraordinary powers under Article 142 of the Constitution, the bench attempted to institutionalise the use of video conferencing facilities for hearing of urgent matters by HCs and trial courts, a consensus which had emerged administratively on Friday during a videoconference meeting between the SC e-committee’s head Justice Chandrachud and judges heading e-committees of 23 high courts.

The CJI-led bench authorised the SC and HCs to adopt appropriate “measures required to ensure robust functioning of the judicial system through video-conferencing technologies consistent with peculiarities of judicial system in every state and dynamically developing public health situation”.

Full report on www.toi.in


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