Air pollution: Supreme Court allows virtual hearings but rules out complete shift to online mode

Chief Justice of India Sanjiv Khanna on Tuesday said all judges have been asked to allow virtual hearings wherever possible in view of the worsening Air Quality Index (AQI) levels in the national capital region even as he ruled out a complete shift to online mode.

“We have told all the judges to allow virtual hearings wherever possible,” a Bench of CJI Khanna and Justice Sanjay Kumar told Supreme Court Bar Association (SCBA) president Kapil Sibal who raised the issue at 10.30 am when it assembled for the day’s proceedings.

He, however, did not agree to demands for a complete shift to online mode, saying lawyers had the option to appear online.

Stating that “pollution is getting out of control,” Sibal submitted that a message needed to be sent to other courts and tribunals in Delhi in this regard.

Supporting Sibal’s suggestion, Solicitor General Tushar Mehta said as a matter of principle the top court should shift to virtual mode.

Senior counsel Gopal Sankaranarayanan pointed out that around 10,000 lawyers came to the Supreme Court daily using their own vehicles and even their clerks often used personal vehicles which added to the poor AQI. He said GRAP-IV restrictions were implemented in Delhi-NCR and there were no such specific instructions for courts in the national capital.

“The way we are functioning today, if anybody wants to be online, they can go online…We will leave it to the lawyers concerned. We have given them that facility, whenever you want to appear virtually, you can…You have the option, you exercise that option. We have already said so. We will accommodate everyone,” the CJI said.

According to the Central Pollution Control Board (CPCB) 24-hour average bulletin released at 4 pm on Tuesday, Delhi’s AQI was recorded at 460, falling in the ‘severe’ category.

On Monday, the top court directed all Delhi-NCR states to immediately set up teams to strictly enforce anti-pollution GRAP 4 restrictions, making it clear that the curbs will continue till further orders.