Judge hears cases online from quarantine

Technology allows court to safely continue proceedings during pandemic

ISLAMABAD:

With the novel coronavirus infecting litigants, lawyers and judges equally, the pandemic has forced the Islamabad High Court (IHC) to adapt to the changing conditions. Thanks to modern technology, however, a judge infected with the virus could safely conduct proceedings even while isolating at home.

Having contracted the novel coronavirus (Covid-19), Justice Miangul Hassan Aurangzeb went into self-isolation at home last week, like the dozen or so staff of the Islamabad High Court (IHC) in recent months.

Not showing extreme symptoms, Justice Aurangzeb decided to remain productive during his isolation and opted to preside over cases assigned to him from home.

Subsequently, the IHC staff arranged for hearings of cases to be held such that Justice Aurangzeb could connect via video link to the lawyers and litigants in the courtroom.

The lawyers then proceeded to present their arguments as per normal.

One such hearing was in the case of appointing a lawyer for Indian spy Kulbhushan Jadhav. In that particular hearing, Justice Aurangzeb was part of a larger bench. So he not only had to connect with the litigants and lawyers but also with his fellow judges.

Earlier in March, the court had already made provisions for technology to bridge distances during the pandemic via E-courts, allowing lawyers and litigants, who may be otherwise either infected or unable to travel to appear before the bench in important cases. One such instance was of senior lawyer Babar Sattar, who joined the proceedings of a case from Canada through video link. Similarly, lawyers from Karachi and Lahore followed the same process during the.

Lawyers, irrespective of where they are in the world, could get themselves registered by filling an online form on the high court’s website. After registering, they were given access to the video-link facility through which they could participate in case hearings. Counsels can submit documents by scanning case files.

Sources in the IHC said that now, assistance is being taken from the IHC’s system to develop a similar system which will be introduced in the Supreme Court (SC).

The lawyers' community, however, has welcomed the move which will help keep not only judges but also lawyers and litigants safe during the pandemic.

"Use of modern digital technology to facilitate court proceedings was long overdue,” said senior lawyer Adnan Randhawa.

Talking to The Express Tribune, he said that it is highly commendable that the IHC is trying to keep pace with modern technology.

“A few days ago, I had a case which was to be heard by a division bench comprising Justice Aurangzeb,” Randhawa said, adding that he was informed that opponent’s counsel, Makhdoom Ali Khan will be joining online from Karachi.

“Ali had sought an adjournment on the last hearing of the case after having come in contact with a Covid-19 positive patient,” he said, adding that the hearing could not materialise and the bench was eventually cancelled.

The lawyer said that he was later told that a member of the bench had also contracted the pandemic virus.

“It is very heartening to note that the judge was not deterred by Covid-19 as he started hearing cases online from his home whilst in quarantine.”

Another lawyer, Omar Gilani, told The Express Tribune that with the changing circumstances, the measures taken by the court are commendable. He hoped that the move would certainly improve the justice system and eliminate unnecessary delays.

Published in The Express Tribune, December 2^nd, 2020.