The Hon'ble Chief Justice of the Gujarat High Court, Justice Shri Vikram Nath, received a letter from Mr Yatin N Oza, the President of Gujarat High Court Advocates' Association (GHCAA) requesting for physical functioning of the Court instead of virtual function of the Court.
The letter states that an agenda was circulated and then put to vote. The agenda was whether the Members of the Bar wished for physical functioning of the court or virtual functioning of the court. In this referendum 800 members participated and almost 64% of the Members of the Bar expressed their desire that the court should function physically, while 36% expressed their desire for the virtual functioning of the court. It is conveyed in the letter that around 1800 members out of 2400 members wish that the court should function physically with all those precautions that the Chief Justice along with his companion Judges decide.
The following reasons are given in favour of physical functioning of the Court:
● The State of Gujarat has permitted almost all commercial activities including opening of malls and hospitality sector apart from places of worship
● It is presumed that the State on its Executive side is custodia-legis of its subject. The State Government itself thinks it fit after almost 2 1⁄2 months to open up almost all the commercial activities, finding the present period to be now safe
● Sachivalaya are opened up now even when people visiting Sachivalaya are fore more than people visiting the High Court
● a doctor of high repute and eminence suggested several precautions in a webinar and opined that the Courts can safely be reopened for physical hearing without any risk
The Hon'ble Chief Justice has been requested to take this view in his kind consideration that there is no harm in opening up the High Court by way of physical hearing with whatever restrictions the Lordships deem fit and proper including prohibiting the entry of litigants.
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