CJI Rejects Plea for Full Online Shift of Supreme Court Amid Delhi Pollution Crisis

Amid Delhi’s air pollution crisis, CJI Sanjiv Khanna rejected a plea to shift Supreme Court operations fully online. While virtual hearings are permitted on request, the court refrained from mandating a complete transition. GRAP Stage 4 measures remain in place, with calls for stricter enforcement by the CAQM.

Chief Justice of India (CJI) Sanjiv Khanna declined a request from senior advocates to transition the Supreme Court to a completely online hearing system amid Delhi-NCR's worsening air pollution. The plea was raised by senior advocates Kapil Sibal and Gopal Sankaranarayanan during a session on Tuesday, citing the health risks of daily gatherings of thousands of people at the court premises.

Sankaranarayanan argued that while GRAP Stage 4 restrictions—mandating strict anti-pollution measures—have been enforced, they exclude the judiciary. He highlighted that the Supreme Court witnesses significant daily footfall, contributing to vehicular emissions in the vicinity. Solicitor General Tushar Mehta supported the request, urging the court to consider a full online mode during the pollution crisis.

CJI Khanna responded that the court already allows lawyers to request virtual hearings and reiterated the importance of cooperation from the legal community. He emphasized that judges have been directed to accommodate such requests but refused to impose a blanket shift to online hearings.

The discussion comes as Delhi grapples with hazardous air quality, prompting the Supreme Court to extend GRAP Stage 4 measures indefinitely. These include bans on construction, workforce reductions in offices, and partial school closures. Another bench led by justices Abhay S. Oka and Augustine G. Masih criticized the Commission for Air Quality Management (CAQM) for delayed actions and called for stricter enforcement of anti-pollution curbs, even if the AQI temporarily improves.

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During the COVID-19 pandemic, the court successfully operated in a fully online mode, demonstrating its adaptability to crises. However, CJI Khanna’s refusal reflects a balanced approach, prioritizing judicial accessibility while addressing logistical challenges.