CJI mulls virtual-only hearings in SC due to pollution, says felt unwell when went for walk

New Delhi: Chief Justice of India Surya Kant on Wednesday indicated that the Supreme Court may consider moving to virtual-only proceedings amid worsening air quality in the national capital. He shared that he felt unwell after an hour-long walk the previous day, raising concerns over the impact of pollution on the health of lawyers and court staff.

The remarks came at the start of a hearing on petitions challenging the Election Commission’s conduct of Special Intensive Revision of electoral rolls in Tamil Nadu, Kerala, West Bengal and several other states. During the session, senior advocate Rakesh Dwivedi, appearing for the poll body, sought exemption from physical attendance and requested that he be allowed to attend through video conferencing.

“I have congestion issues... Please allow my colleague to take notes. I want to appear through video conferencing on the next date,” Dwivedi told the Bench, stating that he felt unwell after a morning walk. He added, “I want your lordships’ leave. Permission may be given to appear online, I am not well.”

Senior advocate Kapil Sibal supported the request, pointing to hazardous pollution levels. “At our age, we are breathing this obnoxious air when the Air Quality Index (AQI) is 400-500,” he said. Responding, the CJI acknowledged experiencing similar discomfort. “Yesterday, I went for a walk for an hour. I was not feeling well,” he stated.

The option of allowing lawyers aged 60 and above to appear virtually was discussed during the proceedings. The CJI said any decision on such a shift would be taken after consultations. “If I take any decision, then we will take the bar into confidence first. We will see hardship faced by lawyers and litigants ... if we get a proposal, then we will do something. I will meet office-bearers in the evening and take some steps,” he said.

The Supreme Court currently operates in hybrid mode, permitting both physical and online appearances. Meanwhile, Delhi recorded an AQI of 335 on Wednesday, classified as “very poor.” According to the Central Pollution Control Board, readings from 301 to 400 fall in the “very poor” category, and 401 to 500 are considered “severe.” The city has been facing persistent pollution for several weeks.