PRESUMPTION OF INNOCENCE IS AS PRECIOUS AS CONVICTION AFTER Full Fair Trial

LEGAL ERA SPEAKS TO ONE OF THE COUNTRY’S FINEST CRIMINAL LAWYERS KNOWN ACROSS THE BAR AND BENCH FOR HIS SHARP CRIMINAL LITIGATION SKILLS

- AMIT DESAI

COVID-19 & the New Normal have impacted every industry including legal. Do you think Virtual Court Hearings are the future?

There is no doubt that the world over, Courts have been impacted. In most countries, access to justice too is being provided through Virtual Courts. But to me, this is not the future. Courts cannot become fully virtual. Physical courts are essential to the justice process. The hybrid model is the only way forward, wherein certain types of matters should get diverted to virtual Courts while others should remain in physical Courts. For example, all case management issues and preliminary matters of procedural nature can and ought to be dealt with through virtual Courts. Smaller matters and short arguments could also be dealt with virtually. But substantive matters, like recording of evidence, final or complex arguments, appeals, constitutional issues are more apt for rendering justice in physical courts.

The environment and sanctity of the courtroom ensures that the witness speaks the truth and enables the judge to appreciate the demeanor of a witness. Cross-examination is far more effective in a physical court. The ability of the cross-examiner to confront the witness with facts, circumstances, documents, contradictions, psychological pressure, eye-contact and to compel the witness to focus in order to extract the truth is only in a physical Court.

In a complex argument, the touch and feel, the repartee, the eye contact, the hand gestures which match the oral arguments, observing the opposing team, i.e. the entire body language, the ability to ensure concentration and focus is possible only in a physical Court. And make a significant difference in the appreciation of arguments.