New Delhi, Sep 11 (IANS): Parliament's Standing Committee on Law and Justice has favoured integration of virtual courts into India's legal ecosystem and recommended certain categories of cases like fines for traffic offences and cheque bounce to be handled only through virtual courts in future.
The panel chaired by senior BJP leader Bhupender Yadav submitted its report to Rajya Sabha Chairman M Venkaiah Naidu on Friday.
The panel said that the concept of virtual courts has gained immense ground during the COVID-19 pandemic, and emerged as the 'new normal'.
Citing opposition by various Bar associations, which favoured physical hearings over virtual ones, the committee said: "Since the integration of virtual courts into the legal ecosystem will have a significant impact on all stakeholders, the committee feels that members of the Bar associations and Bar councils must also be involved in evolving a consensus. This will avoid unnecessary opposition and irritants."
Batting for virtual courts as an instrument for speedy justice, the committee said one of the principal benefits of virtual courts is that they help expedite processes and procedures that are otherwise protracted and laborious.
"The problem of truncated hearings, interspersed by frequent adjournments, can be avoided as there can be no excuse for litigants and lawyers to not attend court. Repeated adjournment of cases and truncated hearings are resulting in rescheduling of court processes and disrupting the progress of cases," the parliamentary panel pointed out.
The committee recommended that, to begin with, the judiciary may identify categories of cases that can be tried by virtual courts. "The Department of Justice, in its written replies to the committee, submitted that the following cases may be tried in the virtual courts -- offences under the Motor Vehicles Act (traffic challan cases), petty offences where summons can be issued under Section 206 of CrPC, cases registered under Section 138 of the Negotiable Instruments Act, and motor accident claim petition cases."
It asserted that virtual courts would lead to improvement over the working of traditional courts as the former are more affordable, citizen-friendly and offer greater access to justice.
The committee emphasised that it was of the view that all such matters where personal presence may be dispensed with can be transferred to virtual courts. It said it believed that virtual adjudication will bring massive benefits across the system.
"The committee is of the opinion that a full-fledged virtual court should be piloted in the first instance. This allows the system to be tested in practice, which can then be refined in the light of feedback from stakeholders. It will also enable the judiciary to identify the type of cases best suited for virtual courts."
The parliamentary panel held a series of meetings with Secretaries of the Department of Justice and Legal Affairs, Secretary General of the Supreme Court, and representatives of the Bar Council of India as well as other Bar associations on the functioning of virtual courts.
The panel also suggested that virtual courts can be extended permanently to various appellate tribunals like Telecom Disputes Settlement and Appellate Tribunal, Intellectual Property Appellate Board, National Company Law Appellate Tribunal etc, located across the country, which do not require personal appearances of the parties/advocates.