Chief Justice of India (CJI) Sanjiv Khanna announced on Tuesday that judges have been instructed to allow virtual hearings wherever feasible due to the worsening Air Quality Index (AQI) levels in the National Capital Region (NCR). This directive was issued during the Supreme Court’s proceedings when Supreme Court Bar Association (SCBA) President Kapil Sibal raised concerns about the deteriorating air quality.
However, CJI Khanna ruled out a complete shift to online hearings, emphasizing that while virtual hearings could be allowed, it would not be mandated for all cases. He stated, “We have told all the judges to allow virtual hearings wherever possible,” but also added that lawyers could opt for online appearances if they chose to, while in-person hearings would still be allowed for those who prefer them.
The CJI’s response came after Sibal highlighted the alarming pollution levels, suggesting that a message be sent to other courts and tribunals across Delhi. Solicitor General Tushar Mehta supported Sibal’s call, urging the top court to consider shifting to virtual hearings as a matter of principle, given the AQI crisis. Senior counsel Gopal Sankaranarayanan raised additional concerns about the large number of lawyers and clerks traveling to the Supreme Court daily, many using private vehicles, thereby contributing to the pollution.
Despite these concerns, CJI Khanna reiterated that the court had already provided flexibility, offering lawyers the option to appear virtually if needed. He clarified that the court was committed to accommodating everyone’s preferences, but insisted that in-person hearings would not be fully replaced by online ones. This flexible approach was seen as a way to balance health safety with the continuation of court proceedings amidst the ongoing air pollution crisis in Delhi.
