TIWN
New Delhi, Aug 23 (TIWN) A plea has been moved in the Supreme Court by a lawyers' body against the decision of the Uttarakhand High Court to exclude virtual hearing of cases while resuming physical functioning from Tuesday. The plea also seeks to make the virtual mode of hearing a fundamental right.
Petitioner All India Jurists Association, a body of more than 5,000 lawyers, asked the top court to quash August 16 notification issued by registrar general, Uttarakhand High Court stating that the court will resume physical hearing and no request for virtual hearing will be entertained.
The plea emphasised that access to virtual courts as a fundamental right cannot be denied to any lawyer or a litigant by any court of law. Apart from Uttarakhand, the plea also cited instances of Bombay, Madhya Pradesh and Kerala High Courts compelling lawyers to appear physically.
"Access to virtual courts and conducting cases through video conferencing by resorting to usage of information, communication and technology is a fundamental right available to every lawyer under Article 19(1)(a) and (g) of the Constitution. Being a fundamental right it cannot be defeated or dispensed with on procedural grounds of lack of technology or infrastructure or inconvenience of the courts in handling them," it said.
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