SC cautions litigant on virtual hearing (VC) misuse, offers legal aid & travel to ensure public trust in justice | The Legal Observer
Subheading (Intro)
A Supreme Court bench today pressed a woman litigant to appear in person despite technical delays, emphasising the integrity of court hearings and offering full legal and travel support.
Supreme Court Confronts Virtual Hearing Misuse
During a proceeding on July 22, 2025, a woman appearing in person before a Supreme Court bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan argued she should be allowed to participate via virtual hearing. She cited audio issues, her occupation, distance from the court, and family responsibilities as reasons.
In response, the bench queried sharply, “Who is behind you? Why is virtual mode being requested? Don’t misuse the concept of VC [virtual court],” underscoring that the sanctity of in‑court proceedings must be upheld. The judges emphasised that virtual hearings are meant to improve access to justice—not be exploited to gain unfair advantage.
The Court’s Offer: Legal Aid & Travel Reimbursements
Recognising genuine obstacles a litigant may face in physically appearing, the bench graciously offered:
- Pro-bono representation through legal aid counsel
- Travel reimbursement to ensure no financial burden
This illustrates a balanced judicial approach: maintaining courtroom decorum while upholding the fundamental right to legal aid and access.
Expert Commentary: Upholding Fairness & Integrity
Justice Ruma Pal (retired) noted:
“Virtual hearings are here to stay, but the physical court remains the primary forum for fairness, transparency, and the solemnity of legal procedure.”
Her remarks echo Bill Kovach and Tom Rosenstiel from The Elements of Journalism, emphasising that core values—accuracy, accountability, and openness—must be preserved even in virtual courtrooms.
The Legal Implications: Policy & Access to Justice
⚖️ Enforcing Fair Hearing Standards
By preferring physical hearings, especially in critical matters, the Court affirms:
- Greater authenticity of witness testimony
- Eliminated risk of remote interference
- Discipline in advocacy and courtroom procedure
🏢 When VC Is Appropriate
Virtual hearings are still valid for:
- Documentary and non-contested matters
- Litigants in remote regions
- Those with health or mobility constraints
The key: no abuse of convenience when fairness may be compromised.
👩⚖️ Legal Aid as Equalizer
India’s commitment to legal aid finds fresh illustration here. The offer of representation ensures no litigant is disadvantaged due to economic status—upholding Articles 14 and 39A of the Constitution. Courts, bar councils, and legal authorities must streamline access to such aid from the stage of filing.
Broader Takeaway for Litigants & Authorities
For Litigants
- Virtual hearings should support, not replace, actual court presence
- Must provide valid reasons backed by evidence
- Request legal aid early to ensure fair representation
For Legal Professionals
- Ensure VC requests meet procedural requirements
- Use legal aid effectively when filling gaps in representation
- Educate clients about the significance of personal appearance
For Court Administrators
- Set clear protocols for VC access and misuse prevention
- Offer seamless support—tech checkups, scheduling help, liaison with legal aid providers
- Monitor VC requests to prevent exploitation
Why This Matters
Transparency & Public Trust
The courtroom’s openness reinforces public confidence. As Alain de Botton cautioned in The News: A User’s Manual, transparency is key to preventing sensationalism and bias.
Balancing Modern Access with Traditional Values
Virtual courts modernise the legal system, but preserving physical court ethics ensures accountability and equality—an insight echoed in Wynford Hicks’ works on legal communication.
What Happens Next?
- The Court has deferred final hearing until the litigant appears in person.
- Registry to coordinate legal aid counsel and initiate travel reimbursements.
- Clear procedural direction expected soon to all subordinate and high courts enforcing VC discipline.
Related Reading
- 🔍 Check the broader impact on judicial access via The Legal Observer’s national news section.
- 🎥 Watch expert commentary on virtual hearings from The Legal Observer on YouTube: https://www.youtube.com/@thelegalobserver
