A Division Bench of J&K High Court Comprising Chief Justice Gita Mittal and Justice Sanjay Dhar, facing extreme difficulity to hear cases through Virtual Mode, directed Shaleen Kabra, Home Secretary to appear before us through Video Conferencing and apprise this court about the impact of the restrictions on e-connectivity of the courts.
When the matter was listed, Division Bench observed that given the sharp rise in the COVID-19 infections, this Court had been compelled to strictly enforce the lockdown as has been imposed in large parts of Kashmir Province of the Union Territory of Jammu and Kashmir.
DB further observed that court is concerned with urgent issues involving rights of the residents of the Union Territories of Jammu & Kashmir and Ladakh. However, we find today that despite best efforts on the part of our IT experts, it has been impossible today to have even a bare semblance of a hearing. We have struggled to have virtual/or audio connectivity with the amicus curiae and the several counsels appearing before us. Even the learned Advocate General has expressed grave difficulty in joining the hearing.
DB further observed that access to justice is a fundamental right and cannot be impeded. It has to be ensured to every citizen and courts are required to remain accessible.
DB further observed that by its order dated 11th May 2020 in Writ Petition (Civil) D.No.10817/2020 entitled ‘Foundation for Media Professionals v. Union Territory of Jammu and Kashmir and Anr.’ the Supreme Court of India constituted a Committee at the highest level to undertake a review of connectivity restrictions imposed by the authorities.
Facing the extreme difficulty being faced by Coutr, DB directed Shaleen Kabra, Home Secretary appear before us through Video Conferencing and apprise this court about the impact of the restrictions on e-connectivity of the courts. JNF