TO:
The Registrar General,
High Court of Orissa, Cuttack – 753002.
The District & Sessions Judge, Sambalpur
District Court Complex, Sambalpur – 753002.
The District Magistrate & Collector, Sambalpur
Collectorate, Sambalpur – 753002.
Home Department, Bhubaneswar
RESPECTED SIR/MADAM,
The undersigned, acting as an aggrieved litigant/legal practitioner [or on behalf of aggrieved legal practitioners], begs to prefer this formal representation to bring to your urgent notice the systematic failure and non-provision of functional Video Conferencing (VC) / Hybrid modes of hearing across the District Courts, Subordinate Courts, and the Courts of the District Magistrate/Executive Magistracy in Cuttack, Odisha.
This denial of virtual access directly violates settled judicial mandates and causes severe prejudice, financial hardship, and procedural delay to litigants and members of the Bar. In support of this demand, the following facts and legal mandates are submitted:
1. MANDATE OF THE HON’BLE SUPREME COURT OF INDIA
The Hon’ble Supreme Court of India has repeatedly held that technology and virtual access to courtrooms are fundamental tools for realizing the right of access to justice under Article 21 of the Constitution of India.
In Sarvesh Mathur v. The Registrar General, High Court of Punjab and Haryana (W.P. Criminal No. 351 of 2023), the Hon’ble Supreme Court issued binding directions on October 6, 2023, ordering that no court or tribunal shall deny access to video conferencing facilities or hearing through the hybrid mode to any member of the Bar or litigant desirous of availing of such a facility. The Apex Court further directed that VC links must be routinely stipulated in daily cause lists without requiring burdensome prior applications.
In Kishan Chand Jain v. Union of India (W.P. Civil No. 360 of 2021), the Apex Court reinforced the constitutional duty of all adjudicatory and quasi-judicial institutions (specifically addressing Information Commissions) to adopt hybrid modes of hearing to obviate the need for citizens to travel long distances, thereby ensuring inclusive and cost-effective justice.
2. VIOLATION OF ORISSA HIGH COURT RULES AND SOPs
3. INJURY CAUSED TO LITIGANTS AND LEGAL PRACTITIONERS
The arbitrary discontinuation or non-availability of virtual hearing facilities in Cuttack has resulted in severe injury:
Denial of Access to Justice: Litigants residing outside Cuttack or senior citizens with physical infirmities are effectively barred from participating in their own judicial proceedings without incurring exorbitant travel and accommodation expenses.
Professional Hardship to Advocates: Legal practitioners are prevented from efficiently managing appearances across multiple benches, leading to unnecessary adjournments, delay in case disposal, and loss of livelihood.
Arbitrary Administrative Impediments: Where VC systems exist in name, court staff frequently refuse to admit virtual participants, fail to publish meeting links in the cause list, or demand physical presence without recording valid judicial reasons.
4. DEMAND AND PRAYER FOR RELIEF
In light of the above statutory and constitutional violations, you are requested to immediately take the following administrative and remedial steps within 15 (fifteen) days of receipt of this notice:
Mandatory Operationalization of VC Links: Direct all District & Subordinate Courts, as well as the judicial/revenue courts under the District Magistrate, Cuttack, to make hybrid/VC hearing facilities functional and accessible on every working day.
Publication of Links in Cause Lists: Ensure that dedicated, secure Video Conferencing links (via Zoom/Jitsi/NIC platforms) are clearly printed on the daily cause lists and official websites for every respective bench, eliminating the requirement for prior written applications.
Strict Adherence to High Court SOPs: Enforce the Standard Operating Procedures notified by the Hon’ble Orissa High Court regarding virtual appearances across all subordinate courtrooms in District Cuttack.
Grievance Redressal Mechanism: Designate a technical Nodal Officer at the District Court complex, Cuttack, with a published helpline number to resolve real-time technical glitches and complaints regarding denial of virtual entry during court hours.