No more hearings through VC – Appears to be a knee jerk reaction !* – *P.Valliappan, Advocate, Madras High Court*

*No more hearings through VC – Appears to be a knee jerk reaction !* – *P.Valliappan, Advocate, Madras High Court*

Just one bad incident not involving all lawyers and premeditation has led to this unilateral decision.

The advantages of VC far outweigh it’s disadvantages. When the Bar was not ready, Bench insisted on VC in 2020. When the Bar has accepted, the Bench has withdrawn VC in a hurry, in 2021. Omicron has just arrived in India. We are still not sure of its impact.

COVID or no COVID, VC could have continued. It is the way forward. Contrary to what was initially felt in 2020, hearings through VC are not akin to a Doctor examining his patient. VC hearings were indeed very effective. Statistics for the relevant period will prove that double the number of cases have been disposed off through VC hearings.

Once travellers used to wait from 4.00 am in railway counters for reserving train tickets – now they do it online, anytime they wish. People used to spend hours shopping – now they have online applications like Big Basket, Big Bazaar, etc, for shopping. People used to restaurants to eat and buy food – now they do both, through Swiggy, Dunzo, Zomato, etc. People used to wait for hours in Banks for drawing or depositing or transferring money – now everything is done within minutes by using the smartphone. People used to see new movies only in theaters – now everything is available in Netflix, Amazon Prime, Hotstar, Zee, etc. People purchase medicine, consult doctors too, buy anything and everything online. The list is endless.

Due to online hearings, hardworking lawyers saved time, travelled less, used less petrol, office hours turned productive, as the waiting time was utilised for other work, such lawyers spent time with their families, Courts were not overcrowded (insufficient number of chambers, is not anyone’s concern).

Earlier there were fewer Judges and physical hearings were the norm. With multifold increase in the number of Judges, VC seems to be the way.

If it was difficult for the Judges to conduct hearings through VC, with such excellent facilities being provided in Court, it was no different for most of the lawyers with their outdated laptops and basic smartphones. Plainly speaking, lawyers had the disadvantage of being silenced. Where there is a will there is a way. Every innovation is bound to have its own challenges, which will normally be overcome by efflux of time.

Everyone talks about women empowerment. Lady Advocates with young kids could attend VC hearings and at the same time be with their loved little ones.

For example, an Advocate from Kanyakumari could appear online before the Madurai Bench or the Principal Seat of Madras High Court through VC, being at his hometown. Similarly an Advocate from Madras could appear before Supreme Court, by sitting in his own office. VC is cost effective for clients, in such cases. Star Advocates appeared in different Courts in different States on the same day, thanks to VC.

Legal size paper has been replaced by A4 sheets, to prevent ecological destruction. Governments in five big States have been directed by the Supreme Court to ensure 100% online filing from 01.01.2022, so as to facilitate digitalised hearings. In such circumstances, could complete withdrawal of VC be a step in the right direction ?

We have to keep pondering !

*P.Valliappan*