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Writer's pictureLavlesh K Sharma

Disruption in functioning of Courts during virtual Court Hearing



During the virtual hearing of case; Sri Jadav Saredar @ Jadab Sardar & ors. vs Sri Basudeb Tarafder & Ors on 16 July , 2021 Item No.02 , 16.07.2021 C.O. 891 of 2021 ( Via Video Conference ) due to connectivity issues and interference in functioning of systems, the Hon'ble Court had to face serious problems to Administer of Justice. Hon'ble Justice Mr. Sabyasachi Bhattacharyya disappointed with functioning of Virtual Hearing system and said,

"During functioning of Court , connectivity issues and electronic interference in the audio and visual systems have become a daily feature of this Court . Despite the tall talks about achievements of virtual hearing facilities and restricting hearing of litigations entirely to virtual hearings , it is unfortunate that this Court is unable to provide the minimum virtual services and connectivity in order to ensure that justice is rendered appropriately . I personally feel guilty , as a part of this Court , since disruption and interference in functioning of Courts , in whatever form , might amount to criminal contempt."

And further commented,

"Act as a part of the showcase of Judges who are adorning this Court, including the Chief Justice. I have called the Central Project Coordinator repeatedly pointing out the said issue and even called for a show-cause in connection with a different matter on the issue, but no such cause has yet been shown. The Central Project Coordinator is directed to show cause in writing as to why proceedings should not be drawn up against the High Court Administration, including the Registrar General and the Central Project Coordinator, in particular, for criminal contempt of Court due to continuous interference in virtual hearings in court in each and every matter."

Hon'ble Justice was very disappointed with virtual hearing system and asked Central Project Coordinator to reply to show-cause, and pronounced;

This Court is unable to sit any longer till the connectivity issues are resolved entirely. Sitting in Court and playing dumb charades during virtual hearings with the advocates, due to major disruptions in virtual services, has become a joke by now and does not tantamount to adjudication of matters but is a mere circus on show before the public. I categorically refuse to be a part of such circus because I have taken oath to deliver justice to the litigants, who are outside the Court rooms and beyond the reaches of the air-conditioned rooms accommodating the Judges and toiling in the sun and the dust outside....... Till such time that the issues are resolved in full, I shall not sit in Court to conduct an empty stage show. Let a copy of this order be communicated to the Hon'ble the Chief Justice (Acting), through His Lordship's Secretary as well as the Registrar General of this Court during the course of the day. I stop short of issuing a Rule of Contempt to give a last chance to the High Court Administration to rectify the faults in connectivity, so that proper justice can be rendered to the litigants at large, particularly when we are restricting learned advocates and the litigants to appear in Court in person and confining hearing merely to the virtual mode."

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