20 May 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law  

A recent order by Supreme Court highlights the importance of judicial discretion and the use of virtual hearings in legal proceedings. The case involved two petitioners residing in Mumbai who were facing a criminal revision application in the Calcutta High Court.

One petitioner, citing documented medical issues including a recent organ transplant and upcoming surgery, was unable to appear in person for a court date. Despite this, the Calcutta High Court ordered both petitioners to be produced by police for the next hearing.

The Supreme Court intervened, criticizing the Calcutta High Court's order for several reasons. First, they felt the directive to involve the police was an excessive response considering the medical documentation presented. Second, they questioned why the severity of the petitioner's medical condition wasn't taken into account. Additionally, the higher court expressed surprise that the Calcutta High Court didn't consider allowing the petitioners to participate virtually, especially given the advancements in technology.

Finally, the nature of the dispute, a marital discord case, was seen as one that wouldn't necessarily require a physical presence, particularly considering the distance involved and the petitioner's health situation.

The Supreme Court ultimately granted relief by staying the order for physical appearance and allowing both petitioners to participate in the revision application through video conferencing. A formal notification was also issued to the Calcutta High Court for a hearing in mid-July 2024.

This case underscores the growing acceptance of virtual hearings within the legal system. It also highlights the importance of judges using discretion to ensure fair and accessible proceedings, especially when considering a party's health and the nature of the case.