GD - Karishma Shaikh

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 Former Chief Justice of India, Mr.

Sharad Bobde said in his Farewell Address-


“Access To Justice Now Depends on Access to Technology”.
 In India, during the wake of COVID-19 pandemic, there happens Technological
Transformations in Indian Judicial Ecosystem.
 The court’s inability to function physically pushed them to explore these
technological capabilities to dispense justice.
 Supreme Court by way of Suo Moto Writ Petition in 2020 issued set of guidelines for
Video Conferencing.
 Here is actual inter linkage between Technology and Access to Justice started and
implemented.
 Access to justice is not only concerned with the way the judicial process functions but
improving the way disputes are resolved
 In the context of Judicial System, Technology becomes a skill in enhancing efficiency
in procedures.
 It has the potential to create basic systems like online filing systems, e-summoning
system, case-tracking system for clients, data repositories, seamless network of
information flows from courts to courts, and advanced algorithms for retrieving
relevant precedential data for both advocates and judges, and scenario mapping for
judges to access the potential social cost of judgment.
 Kalyan Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav (2005), – video
conferencing was used for the purpose of fair trial the accused’s personal appearance
was dispensed with person and the proceeding was conducted from Tihar Jail in
Delhi. The learned trail judge also ensured before recording of statements that the
accused was available over video conferencing to ensure the statements recorded
under section 313 are not a mere formality. in a different city when accused kept in a
different city.
 In the case of State of Maharashtra Vs Praful B Desai (2003) – permitted witness
examination through video conferencing. The question of witness examination over
video conferencing was compared to that of virtual reality which infringed the rights
of the accused under Article 21 of the Constitution. It was deliberated upon that in a
situation of virtual reality is a situation where one is made to feel, hear or imagine
something which does not exist in real. For instance, can be made to feel that the
person is in a cold room though being present in a humid condition. Video
conferencing cannot be linked with that of virtual reality, science and technology has
brought the world closer where we can watch a match which is happening live in
another part of the world.
 Technology must be used in access to justice and it shall also be supervised with
proper laws, rules and regulations so as no right of any citizen is revoked or infringed
due to technology.

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