New Delhi: The Delhi High Court, while pulling up a lawyer for virtually appearing before it from a park, said that appearance of a lawyer through videoconferencing is encouraged because it is extremely difficult for advocates to run around the different court complexes in Delhi but the counsel has to understand that the decorum of the court must be kept in mind.
Justice Girish Kathpalia said this while hearing a case over a dispute over a Rs five lakh loan and noticing that an advocate standing in a park with a mobile phone in his hand sought to appear as counsel for appellants.
Counsel has to understand that decorum of court must be kept in mind: High Court
“It has been repeatedly observed in a number of cases that appearance through videoconferencing must be encouraged because it is extremely difficult for advocates to run around the different court complexes in Delhi and the establishment has already incurred substantial expenditure on electronic infrastructure. Further, when an advocate sitting in her/his office wants to appear through videoconferencing before different court complexes on same day, she/he can assist the courts with convenience and in a better manner. But for that, the counsel has to understand that the decorum of the court must be kept in mind,” Justice Kathpalia said.
The hybrid courts also are courts only: High Court
“Quite often, on account of connectivity issues at the end of counsel appearing through videoconferencing the counsel remains inaudible. Often, the video is not switched on. The hybrid courts also are courts only. Even in the daily cause list of this Court, specific directions to maintain decorum while appearing through videoconferencing are circulated everyday. But to no avail,” Justice Kathpalia added.
Said lawyer switched off his video in the course of dictation of the order, High Court noted
Justice Kathpalia further noted that the said lawyer switched off his video in the course of dictation of the order and refused to mark the lawyer’s appearance on the day and said that though his conduct could result in the dismissal of the case, however, doing so would only harm the litigant who was not at fault.
“Although that can call for dismissal of the appeal in default, but doing so would cause harm to the litigant who is not at fault,” the court said.
Justice Kathpalia directed the Registry to extract the relevant portions of the order and send it to the Delhi High Court Bar Association and district bar associations with the request to sensitize the lawyers with regard to appearance in hybrid courts.
