The High Court of Delhi has directed all district courts in the national capital to allow hybrid hearing of all cases being heard by them.
As per the office order issued by the High Court, hearings would be conducted in hybrid or video-conferencing mode in conformity with the High Court of Delhi Rules for Video Conferencing for Courts, 2021 and also bearing in mind the provisions of the Live Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022.
This would mean that both the litigants and counsels can appear through video-conferencing or physically for court proceedings without any prior request.
Till now, the counsels or parties were allowed to appear only physically by being present in the courtroom.
In order to appear via video-conference, they had to make a formal request in writing or through email at least a day prior to the proceedings. The High Court has done away with this rule.
The order further meant that now, there would be no geographical barrier to appear in the courts since the counsels or the parties have been allowed to join the proceedings from any part of the world.
The High Court further said that the judicial officer, while conducting hearing through the hybrid mode, should ensure that no person other than the parties and the counsel in that case digitally accessed or joined the proceedings in certain categories of cases.
These would include matrimonial matters, cases concerning sexual offences, gender-based violence against women, as well as matters registered under the Protection of Children from Sexual Offices (POCSO) Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2015.
No third parties would be allowed to the proceedings involving the Medical Termination of Pregnancy Act, 1971, in-camera proceedings, recording or evidence, including cross examination, it added.
As per the order, the parties who were not related to the case, would not be allowed to join the proceedings in matters where the court was of the view that the publication would be ‘antithetical’ to the administration of justice or the cases which may ‘provoke enmity’ amongst the communities or which was likely to result in ‘breach’ of law and order.
However, in these matters, the concerned court would have to record the reasons in writing for not allowing the third parties to join.
It said in a given case, the district court may for reasons to be recorded in writing, direct the parties and/or their Counsel to appear physically, where in the opinion of the court, the physical presence of the parties/counsel was required or where the court was otherwise of the opinion that the matter should be heard physically in the court.