India's Supreme Court is contemplating a significant shift to entirely virtual proceedings as Delhi's air quality continues to deteriorate to hazardous levels. Chief Justice Surya Kant revealed this potential change during court proceedings on Wednesday, citing personal health concerns after experiencing discomfort following a morning walk in the polluted capital.
Health Concerns Prompt Judicial Rethink
Chief Justice Kant expressed genuine worry about the health implications of Delhi's toxic air, sharing his personal experience: "Yesterday, I went for a walk for an hour. I was not feeling well." This firsthand encounter with the city's pollution crisis has accelerated discussions about moving court proceedings online to protect the health of lawyers, litigants, and court staff.
The proposal comes as Delhi recorded an Air Quality Index (AQI) of 335 on Wednesday morning, categorized as "very poor" by the Central Pollution Control Board. This marks several consecutive weeks of dangerously high pollution levels in the national capital.
Legal Community Shows Support
Senior advocate Kapil Sibal strongly endorsed the potential shift to virtual hearings, highlighting the particular vulnerability of older legal professionals. "At our age, we are breathing this obnoxious air when the Air Quality Index is 400-500," Sibal stated during the hearing.
The discussion emerged during proceedings concerning challenges to the Election Commission's Special Intensive Revision of electoral rolls in Tamil Nadu, Kerala, West Bengal and other states. Another senior advocate, Rakesh Dwivedi, representing the poll panel, requested exemption from personal appearance due to congestion issues and sought permission to join future proceedings virtually.
Consultative Approach Planned
Chief Justice Kant emphasized that any decision regarding virtual hearings would be taken after proper consultation with the legal community. "If I take any decision, then we will take the bar into confidence first," he assured. "We will see hardship faced by lawyers and litigants... if we get a proposal, then we will do something."
The CJI added that he planned to meet with office-bearers in the evening to discuss concrete steps. Among the options being considered is allowing online appearances specifically for lawyers aged 60 and above, who are more vulnerable to the health impacts of poor air quality.
Justice P S Narasimha reinforced the seriousness of the situation, cautioning lawyers about the potential for "permanent damage" from continued exposure to polluted air. "Situation is very, very serious! Why are you all appearing here?" he questioned, encouraging greater utilization of the virtual hearing option.
Currently, the Supreme Court operates in a hybrid mode, permitting both physical and virtual participation. The proposed shift to a completely virtual format represents a significant escalation of measures to combat the health risks posed by Delhi's persistent air quality crisis.
