Fully Cooperate, Make Use of Physical Opening of Courts To Mitigate The Hardship: Bar Council Of Delhi Requests Advocates [Read Letter]

Titled as 'Appeal To Advocates', the statement states that it's time for for the Coordination Committees and Bar Associations, and the Advocates in general, to come forward to assist the Chief Justice as well as the other judges of the Delhi High Court to put in place a comprehensive plan and ensure that there is due compliance of the same, to obviate any adverse situation.

While acknowledging that there are some members who are voicing their dissent towards the resumption of physical hearings, the BCD has taken a stance that this is not the appropriate time to speak up either in the favour or against the said decision, as the same is going to be implemented on an experimental basis for now.

The Statement also cites examples of other High Court which have not resumed physical functioning due to the growing number of cases of COVID19 within the legal fraternity. For instance, in Rajasthan, the High Court had to go back to virtual hearings after a few days of opening up, as the Chief Justice himself tested positive for the virus.

While appreciating the decision of the Delhi High Court to open up one-fourth of the functioning for physical hearings, the statement expresses a sense of cynicism by noting that:

'We are in a situation between the devil and deep sea, since on the one hand we're facing a financial crisis, and on the other, the imminent danger of spreading COVID19 is looming large.'

While citing the order of the Registrar General dated August 16, wherein it is stated that the plan is underway before the Graded Action Plan Committee for gradual resumption of physical hearings on a rotational basis, the Bar Council has highlighted that the onus is on all the Advocates to make this plan a success.

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