Delhi and its surrounding cities have remained shrouded in hazardous smog for weeks, prompting the Supreme Court to again encourage lawyers and litigants to rely on video-conferencing rather than physical appearances, citing health risks linked to prolonged exposure to polluted air.
The advisory was voiced on Sunday by Justice Surya Kant, a senior judge of the Supreme Court, during proceedings that took note of the continuing poor and very poor air quality across the National Capital Region. Justice Kant, who has previously headed benches examining environmental and public health concerns, urged members of the Bar to make full use of virtual hearing facilities already in place, underlining that the court’s digital infrastructure was designed to ensure access to justice even under adverse conditions.
Air quality index readings across Delhi-NCR have hovered in categories considered unhealthy for extended periods, with particulate matter levels far exceeding safe limits prescribed by national and international health agencies. Medical professionals warn that sustained exposure can aggravate respiratory and cardiovascular ailments, particularly among children, the elderly and those with pre-existing conditions. The Supreme Court’s comments came against this backdrop, reflecting judicial concern that daily travel and congregation inside court complexes could compound health risks.
The court has, since the pandemic, institutionalised hybrid and virtual hearings, investing in e-filing systems, secure video platforms and digital case management. Justice Kant noted that these systems were no longer emergency substitutes but integral tools that allowed proceedings to continue efficiently when circumstances made physical presence difficult or unsafe. Lawyers were reminded that virtual appearances were permissible across categories of matters unless a bench specifically required otherwise.
Delhi-NCR’s air pollution crisis has deepened over successive winter seasons, driven by a mix of vehicular emissions, industrial activity, construction dust, biomass burning and unfavourable meteorological conditions. Government agencies have periodically activated graded response measures, including restrictions on construction, limits on diesel vehicle use and temporary school closures. Despite these steps, sustained improvement has remained elusive, keeping public institutions on alert.
Judicial bodies have increasingly factored environmental conditions into administrative decisions. High courts in the region have previously adjusted working hours, allowed flexible attendance for staff, and encouraged remote hearings during severe pollution spells. The Supreme Court’s latest nudge reinforces this approach, signalling that the health of court users is a legitimate consideration in procedural choices.
Members of the legal fraternity offered mixed reactions. Some senior advocates welcomed the emphasis on virtual hearings, arguing that it reduced travel time, eased congestion and protected vulnerable practitioners. Others expressed concern that prolonged reliance on screens could affect the quality of advocacy in complex matters, particularly those involving extensive records or sensitive witness examination. Bar associations have repeatedly sought a calibrated approach, blending physical and digital hearings based on case requirements.
Court officials pointed out that the Supreme Court Rules and subsequent administrative circulars already provide flexibility for benches to decide the mode of hearing. Over the past few years, virtual courts have handled thousands of matters, from admission hearings to final arguments, with varying degrees of success. Technical glitches and connectivity issues persist, especially for lawyers joining from smaller towns, though upgrades have steadily reduced disruptions.
Public health experts say institutional shifts such as remote hearings can have a modest but meaningful impact during high-pollution episodes. Fewer commuters on the road can marginally cut emissions, while reduced crowding lowers exposure for individuals. They stress, however, that such measures are mitigative rather than curative, and do not substitute for long-term structural reforms in transport, energy and urban planning.
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