New Delhi

Chief Justice of India (CJI) Sanjiv Khanna on Tuesday rejected a plea by senior lawyers to move the Supreme Court to a fully online system, in response to the severe air pollution crisis gripping Delhi and the National Capital Region (NCR).

The discussion took place during the morning hearing at the first court.

Senior advocate Kapil Sibal, president of the Supreme Court Bar Association, highlighted the seriousness of the pollution crisis. “Pollution is getting out of control,” he said.

Agreeing with him, senior advocate Gopal Sankaranarayanan echoed the sentiment, pointing out that the Graduated Response Action Plan (Grap), which imposes strict anti-pollution measures, does not cover the judiciary. “Grap 4 has been triggered but Grap does not cover the courts. At least 10,000 people, including lawyers, court clerks and other staff, visit this court daily, in addition to vehicles entering the premises. Let this court move to a fully online system,” Sankaranarayanan said.

In response, CJI Khanna said he was aware that Grap 4 measures had been put in place. “You see, we also need the cooperation of lawyers. We have already told the lawyers that they can apply to attend the hearings online,” the CJI said.

Solicitor General Tushar Mehta intervened to support the request, suggesting that the court consider moving entirely online during the pollution crisis. “The demand is that if this (Grap 4) can be extended to courts as well… in principle,” Mehta said.

Sankaranarayana also pointed out that the current Supreme Court system allows for online hearings and that the plea was for a complete change.

Responding to the suggestions, CJI Khanna noted that the Supreme Court had already directed judges to accommodate requests for online hearings wherever possible. “We have asked all judges here to allow virtual hearings wherever possible,” he said, refusing to impose a widespread online system.

Certainly, at the height of the Covid-19 pandemic, the Supreme Court shifted to a fully online mode. This successful change highlighted the court’s ability to adapt to the challenge, while prioritizing security and accessibility.

The exchange in the apex court came a day after another bench of the Supreme Court, comprising Justices Abhay S Oka and Augustine George Masih, issued strict guidelines to tackle the pollution crisis in Delhi NCR. The bench extended Grap Stage 4 restrictions, which include a ban on construction, halving workforce capacity in offices and closing schools for some grades.