'This Is Not Permissible': Delhi High Court On Advocate Attending Virtual Hearing While 'Driving Car'

The Delhi High Court today expressed its reservation at a lawyer appearing before it virtually, while driving his car.The development ensued in the Court of Justice Mukta Gupta while hearing the petition filed by former Aam Aadmi Party Councillor Tahir Hussain challenging the UAPA charges invoked against him in connection with the Delhi Riots larger conspiracy case.As Hussain's counsel appeared before the Court while driving, the Bench was constrained to orally remark thus:"This Court takes no exception if the counsels join from mobile phone or while sitting in the car. But you can't be driving the car and arguing the matter. At least this courtesy the counsel must extend."The Judge added that while there are restrains in virtual courts because of lack of access to electronic devices and internet connectivity issues, however, such actions are not appropriate. "This is not permitted, you cannot go to this extent. I understand the constrains of the places and all that. Everybody does not have all the instruments, but then, that doesn't mean that you will be driving and (appearing like this)."Accordingly, the Court adjourned the hearing to another date. Hussain's plea challenges the imposition of Sections 13, 16, 17, 18 of the UAPA in the chargesheet filed against Hussain under FIR 59/2020. It also seeks setting aside of the sanction granted for his prosecution.Additionally, the plea prays for setting aside of the approval given by the review committee towards the grant of sanction for prosecution under UAPA provisions invoked against him.The Delhi Police has opposed the petition stating that the question of validity of sanction order is a question of fact and therefore, should be left to be determined in the course of the trial and not in the exercise of writ jurisdiction or under sec. 482 of CrPC. Referring to National Investigation Act, it has further been submitted that Hussain has an alternative remedy under sec. 21 of the Act which talks about Appeals.The matter will now be heard on April 19. Also Read: Supreme Court Clarifies Lawyers Not Barred From Using Mobile Phones To Attend VCCase Title: Tahir Hussain v. Union of India & Ors., WP (Crl) 1314/2021

'This Is Not Permissible': Delhi High Court On Advocate Attending Virtual Hearing While 'Driving Car'

Suhavi Arya

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