CJI refuses to take Supreme Court fully online amid Delhi pollution crisis

CJI Khanna noted that the Supreme Court had already directed judges to accommodate requests for online hearings wherever possible

New Delhi

A view of the Supreme Court. (Representative photo/HT Archive)

Chief Justice of India (CJI) Sanjiv Khanna on Tuesday turned down a request by senior lawyers to move the Supreme Court to a fully online system, in response to the severe air pollution crisis gripping Delhi and the national capital region (NCR).

The discussion unfolded during the morning session in the first court.

Senior advocate Kapil Sibal, the president of the Supreme Court Bar Association, highlighted the gravity of the pollution crisis. “Pollution is getting out of control,” he said.

Agreeing with him, senior advocate Gopal Sankaranarayanan echoed the sentiment, pointing out that the Graded Response Action Plan (Grap), which mandates stringent anti-pollution measures, does not cover the judiciary. “Grap 4 has been triggered but Grap does not cover courts. There are at least 10,000 people, including lawyers, clerks, and other staff, visiting this court daily, in addition to the vehicles entering the premises. Let this court move to a completely online system,” said Sankaranarayanan.

Responding, CJI Khanna said he was aware that Grap 4 measures have been put in place. “See, we need cooperation of the lawyers too. We have already told the lawyers that they can make a request to attend hearings online,” the CJI said.

Solicitor general Tushar Mehta intervened to support the request, suggesting that the court consider shifting entirely online during the pollution crisis. “The request is that if it (Grap 4) can be extended to courts also...in principle,” said Mehta.

Sankaranarayana too pointed out that the current system in the Supreme Court allows making requests for online hearings and that the plea was for a complete shift.

Responding to the suggestions, CJI Khanna noted that the Supreme Court had already directed judges to accommodate requests for online hearings wherever possible. “We have said to all judges here to allow virtual hearings wherever possible,” he said, refusing to impose a blanket online system.

To be sure, during the peak of the Covid-19 pandemic, the Supreme Court transitioned to a completely online mode. This successful shift highlighted the court’s ability to adapt to the challenge, while prioritising safety and accessibility.

The exchange in the apex court came a day after another Supreme Court bench, comprising justices Abhay S Oka and Augustine George Masih, issued stringent directives to tackle the pollution crisis in the Delhi-NCR. The bench extended Grap Stage 4 restrictions, which include a ban on construction, halving workforce capacity in offices, and shutting down schools for certain classes.