29 August 2024 Suit Procedure >> Constitution & Law Procedure  

In a recent hearing in the matter of Baidya Nath Choudhary v/s Dr. Sree Surendra Kumar Singh, the Supreme Court addressed issues related to the online appearance of advocates, emphasizing the need for accurate representation in court proceedings. The case, involving contempt petitions and ongoing matters from earlier dates, highlighted concerns regarding the fairness of online appearances and their impact on the judicial process.

During the proceedings, Mr. Samant Singh, an advocate, informed the court that Mr. Rajeev Singh, Advocate on Record for the Vice Chancellor and Registrar of Nilamber and Pitamber University, was out of town and not available in person. Despite this, Mr. Singh's online presence was submitted through the court's portal. Upon checking, the Court Master found that Mr. Rajeev Singh was not connected to the proceedings via video conferencing, raising questions about the validity of his online appearance.

The Court observed that allowing advocates to mark their presence online when they are neither physically present nor participating through video conferencing undermines the fairness of court proceedings. This practice could potentially affect the sanctity of the judicial process and impact the benefits allocated to advocates, such as chamber allotments and designations.

The Supreme Court referenced its circular dated December 30, 2022, which activated a portal for online appearances from January 2, 2023. According to this circular, Advocates-on-Record are responsible for marking the presence of advocates who are physically or virtually present during court proceedings. The Court emphasized that this responsibility should ensure that only those advocates who are actively participating are marked present, to maintain the integrity of the court proceedings.

In response to these observations, the Court directed that henceforth, online presence should only be recorded for advocates who are actually appearing or assisting in court, either physically or via video conferencing. This directive aims to prevent any misuse of the online appearance system and ensure that the records accurately reflect the participation of advocates.

The Court also urged the Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association to adhere strictly to these guidelines and notify their members to ensure compliance. A copy of this order has been dispatched to the Presidents of these associations for acknowledgment and further action.

The hearing is scheduled to continue on September 4, 2024, and will be treated as part-heard. The parties involved have been given the opportunity to file any additional documents related to the absorption orders, which will be accepted by the Registry upon submission.