Delhi pollution: CJI says judges asked to allow virtual hearings wherever possible

Chief Justice Sanjiv Khanna on Tuesday said all judges have been asked to allow virtual hearings wherever possible in view of the severe pollution levels in the national capital region.

As soon as the bench comprising the CJI and Justice Sanjay Kumar assembled, lawyers, including Supreme Court Bar Association (SCBA) president Kapil Sibal, referred to the worsening pollution in Delhi and NCR and sought immediate measures to deal with it.

“We have told all the judges to allow virtual hearings wherever possible,” the CJI said.

The CJI, however, did not allow the submissions that the top court should go online and reiterated that the lawyers have the option to appear online.

Sibal said a message is needed to be sent to other courts and tribunals in the national capital in this regard as the “pollution is getting out of control.”

He was supported by various lawyers that also included Solicitor General Tushar Mehta and Gopal Sankaranarayanan

The solicitor general said the top court, as a matter of principle, should go virtual.

“The way we are functioning today, if anybody wants to be online, they can go online," the CJI said.

Sankaranarayanan said around 10,000 lawyers come to the Supreme Court Court daily using their own vehicles. He added lawyers’ clerks also use personal vehicles often.

"We will leave it to the lawyers concerned. We have given them that facility, whenever you want to appear virtually, you can," the CJI said.

Sankaranarayanan said GRAP-IV restrictions are implemented in Delhi-NCR and there are no such specific instructions for courts in the city.

"You have the option, you exercise that option. We have already said so. We will accommodate everyone," the CJI reiterated.

On Monday, the top court took note of the fact that the Air Quality Index (AQI) entered into the 'severe plus' category and 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.

Delhi's Air Quality Index (AQI) was recorded at 484 at 8 am on Monday, the worst this season. The AQI in certain areas also breached the 500 mark.

On the administrative side, the top court on Monday issued a circular advising its staff to wear masks due to the alarming pollution levels in the national capital.

The implementation of Graded Response Action Plan (GRAP)-IV was announced in the city on Sunday after the AQI in the city had plummeted to "severe" pollution levels.

"Everyone is, therefore, advised to ensure the wearing of a mask and taking (preventive) health measures…," the circular issued by the apex court assistant registrar said.