Coronavirus Disease (COVID19) finds its origin in the Wuhan, Hubei Province
in China in December 2019. The COVID19 infection is spread mainly from one
person to the other, often during sneezing and coughing, via droplets produced
from the respiratory system of the infected person. The symptoms of COVID19 are
similar to common cold and include respiratory symptoms like dry cough, fever,
shortness of breath and breathing difficulties.Â
On 24th March, 2020, the Government of India under Prime Minister Narendra Modi
ordered a nationwide lockdown of 21 days limiting the movement of the entire 1.3
billion population of India. The lockdown was imposed when the total number of
positive cases in India was 500 (approx). The Government of India confirmed the
first case of Coronavirus in the country on 30th January, 2020 in the State of
Kerala.Â
Prohibitions On Movement
The lockdown restricted the people from stepping out of their houses. The rail,
road and air services were suspended with exceptions on the movement of the
essential goods, fire, police and emergency services. Educational institutions
and industrial establishments were also suspended. The government held meetings
with e-commerce websites and vendors to ensure seamless supply of essential
goods across the nation during the lockdown period.
On 22nd March, 2020, the government announced that India Railways would suspend
the operation of passenger trains while the freight service will continue its
operation for the supply of essential goods across the nation.
Indian Courts During COVID-19 Pandemic
The COVID-19 pandemic and the current nationwide lockdown has made it vital that
the justice delivery system continues functioning without disturbing the
practice of social distancing. To make the shift towards technology, the Supreme
Court of India on 23rd March, 2020. The CJI S.A. Bobde declared that the court
will only take urgent matters. Counsel appearing in case will be allowed to
join the video conference from their offices.
Solicitor General Tushar Mehta called it a welcome step. With the advancement in
the technology, there is a possibility of even Judges sitting at the place of
their choosing and hearing matters through video conferencing.
He also mentioned that, though the Civil Procedure Code, the Criminal Procedure
Code and the Rules framed for the High Courts and Supreme Court provides for the
“seat†of the court; it does not provide for the
venue of the court.Â
Supreme Court of India
Shashank Deo Sudhi v. Union of India & Ors. (8th April, 2020)
In an important order, two judge bench, comprising Justice Ashok Bhushan and
Justice Ravindra S Bhat passed an interim order. The Supreme Court that COVID-19
testing done by both government and private laboratories be free of cost. The
Supreme Court observed that-Â
We find prima facie substance in the submission of petitioner that at this time
of national calamity permitting private Labs to charge Rs.4500 for screening and
confirmation test of COVID-19 may not be within means of a large part of
population of this country and no person be deprived to undergo the COVID-19
test due to non-payment of capped amount of Rs.4500. It is submitted before us
that insofar as Government Laboratories are concerned the COVID-19 test is
conducted free of cost.
Supreme Court Issues Notice For Restoration of 4G Internet Services In J&K Amid
Lockdown (09th April, 2020)
The Supreme Court Bench comprising Justice N.V. Ramana, Justice R. Subhash Reddy
and Justice B.R. Gavai on Thursday issued notice for the restoration of 4G
internet services in the Union Territory of Jammu and Kashmir during COVID-19
pandemic. The notice was issued to the standing counsel of Jammu & Kashmir.
Senior Advocate Huzefa Ahmadi, Advocates Shadan Farasat and Apar Gupta appeared
for the petitioner via Video Conferencing. Ahmadi submitted that in view of
lockdown, it is extremely necessary to enhance technology and connectivity in
Jammu & Kashmir.
Ahmadi also mentioned about the importance of enhancement of technology for
virtual classes of students.
The PIL filed by the Foundation for Media Professionals challenged the
government order which restricted the internet speed in mobile data services to
2G only, for being violative of Articles 14, 19, 21 & 21A of Constituion of
India.Â
Bombay High Court
Court Grants Ad-interim Relief To A Law Student Challenging Expulsion (09th
April, 2020)
Bombay High Court Bench of Justice G.S. Patel on its first case taken via online
granted ad-interim relief to a first year law student in a plea filed against
her expulsion from the college.
Appearing for the petitioner, Advocate Mohit Bharadwaj told the Court that the
petitioner and her parents were not informed for the grounds of her expulsion
and the petitioner was also denied an opportunity to be heard and
disproportionate action for expulsion was taken against her.
Therefore, Justice Patel granted ad-interim relief to the student, effectively
suspending the expulsion and allowing the student to take her internal exam.Â
Madras High Court
Less Time Consuming, Helpful To Analyze Exact Scenario (09th April, 2020)
The Madras High Court on Thursday while dismissing a petition filed by two
Korean nationals observed that, adjudicating matters through video conferencing
makes it less time consuming and becomes easier to ascertain accurately what the
situation is.
In this regard, Justice S. Vaidyanathan observed-
I wish to emphasize that, there are advantages in hearing cases through Whatsapp
Video Call, and the fact remains that, it is less time-consuming, and it will be
helpful to analyze the exact scenario of each case, so as to arrive at a
definite conclusion, as was done in the case on hand.- Madras High CourtÂ
What Lies Ahead.....
It is to be believe that with the advancement in the technology, it will not
only reduce the physical work force but it will also reduce the overcrowding of
the courts/courtrooms.
The Supreme Court has already taken firm steps forward , which is expected to
continue in the long run as well, such as e-filing and mentioning via electronic
means. Technology has the capacity to revolutionise our legal system and it is
time for our courts to fully welcome it and embrace it.
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