ISLAMABAD: Taking a step further in the world of technology, the Supreme Court on Monday allowed a senior counsel to argue from the comfort of his office and plead the case of his client from Karachi in view of the coronavirus pandemic.

“This is what we have devised as a solution to cope with the challenges posed by the Covid-19 pandemic,” observed Justice Mushir Alam, who was heading a three-judge SC bench that had taken up a review petition instituted by Shaheen Air Services through its counsel Khalid Anwar.

The apex court had last week allowed the counsel to argue the case from Karachi when his associate told the bench that doctors had advised Mr Anwar not to appear in courts not even the Karachi branch registry in view of the pandemic situation in the country. The bench had ordered the technical staff of the Sindh High Court to make arrangements so that the counsel might argue the case from his office using video link.

System devised to cope with challenges posed by Covid-19 pandemic, says Justice Alam

When the case was taken up, Khalid Anwar appreciated the initiative taken by the Supreme Court and described it as a historic moment in the country’s judicial history as well as very pleasing and welcoming.

On May 27 last year, the Supreme Court had started hearing cases through an e-court system to realise the dream of promoting modern technologies for prompt dispensation of justice. On that day former chief justice Asif Saeed Khosa had headed a bench at the principal seat in Islamabad and for the first time in the history of the apex court decided four cases — mainly relating to bails — through video link from the SC Karachi registry.

Justice Khosa had then observed that the court through the e-court system had saved Rs2-2.5 million in one day alone which otherwise had to be borne by the litigants. The facility would help the lawyers and litigants save time and money, Justice Khosa had observed and appreciated the apex court’s IT committee comprising Justice Mushir Alam, Justice Syed Mansoor Ali Shah and other stakeholders for their untiring efforts that made the project successful.

In May this year, the Islamabad High Court had taken up a law ministry’s petition seeking permission to appoint state counsel to represent Indian spy Kulbhushan Jadhav. Justice Mian Gul Aurangzeb had participated in the hearing from his home due to the pandemic. The high court had already allowed the counsel to argue the cases of their clients from home and some counsel even argued cases from abroad in June.

On Monday, Justice Alam observed that the court expected that the bar councils and associations would cooperate and support the initiative to take advantage of technological achievements.

During the hearing, Add­itional Advocate General for Punjab Chaudhry Faisal Hussain, who was also present in the courtroom, appreciated the initiative and termed it a big leap and very enterprising.

“Being the representative of a younger generation which is more tech-savvy, I highly appreciate this step,” he said, adding that it was truly a good endeavour.

Later talking to Dawn, Faisal Hussain said that since this practice was in vogue in different parts of the world, the lawyers should be facilitated by taking advantage of the advancement in the world of science.

“Technology is the future,” he said, adding this might become a tool in coping with a huge backlog of 45,959 cases pending before the Supreme Court.

During the first wave of Covid-19 in April, Justice Qazi Faez Isa had also proposed a mechanism of hearing cases via video link, saying every courtroom of the Supreme Court should be provided with Wi-Fi and the number of cellular devices be also mentioned in the cause list as well as on the SC website.

Published in Dawn, December 8th, 2020