All judges should permit virtual hearings whenever they can, says the Supreme Court due to the severe pollution in Delhi.

Chief Justice Sanjiv Khanna announced today that all judges are encouraged to conduct virtual hearings whenever possible due to high pollution levels in the national capital region. When the bench, including the CJI and Justice Sanjay Kumar, convened, lawyers, including SCBA president Kapil Sibal, highlighted the worsening pollution in Delhi and NCR, urging for urgent action. The CJI stated, “We have instructed all judges to permit virtual hearings where feasible.” However, he did not agree to the suggestion that the Supreme Court should hold online sessions, emphasizing that lawyers can choose to appear virtually. Sibal insisted that a message should be sent to other courts and tribunals in the area, as the pollution situation is becoming critical.

Various lawyers, including Solicitor General Tushar Mehta and Gopal Sankaranarayanan, supported this view. The Solicitor General argued that the Supreme Court should adopt a virtual format as a principle. The CJI responded, “Currently, anyone who wishes to appear online can do so.” Sankaranarayanan noted that about 10,000 lawyers travel to the Supreme Court daily in their own vehicles, and their clerks often do the same. The CJI mentioned, “We leave it to the lawyers. We have provided the option for virtual appearances.” He also pointed out that while GRAP-IV restrictions are in place in Delhi-NCR, there are no specific guidelines for the courts.

“You have the choice to use that option. We have already stated this. We will accommodate everyone,” the CJI reaffirmed. On Monday, the Supreme Court acknowledged that the Air Quality Index (AQI) had reached the ‘severe plus’ level and ordered all Delhi-NCR states to form teams to enforce anti-pollution GRAP 4 restrictions strictly, clarifying that these measures will remain until further notice.

Delhi’s Air Quality Index (AQI) hit 484 at 8 am on Monday, marking the worst level this season. In some areas, the AQI even exceeded 500. In response, the Apex Court issued a notice on Monday recommending that its staff wear masks due to the serious pollution in the capital. The city announced the start of Graded Response Action Plan (GRAP)-IV on Sunday after the AQI reached “severe” levels. The notice from the Apex Court’s assistant registrar urged everyone to wear masks and take health precautions.