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High Risk Of Corona Infection Prevalent In Computer Section: Allahabad HC Denies Counsel's Request For VC Hearing [Read Order]

LIVELAW NEWS NETWORK
29 Sep 2020 6:38 AM GMT
High Risk Of Corona Infection Prevalent In Computer Section: Allahabad HC Denies Counsels Request For VC Hearing [Read Order]
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The Allahabad High Court on Monday denied the option to an Advocate for hearing via video conferencing, citing "high risk" of Covid-19 infection. The Bench of Justice Vivek Agarwal told ASGI Sanjay Kumar Om that his request for virtual hearing cannot be allowed because the Computer Section of the High Court is the "high risk zone" for Covid-19 infection and hence no person from there...

The Allahabad High Court on Monday denied the option to an Advocate for hearing via video conferencing, citing "high risk" of Covid-19 infection.

The Bench of Justice Vivek Agarwal told ASGI Sanjay Kumar Om that his request for virtual hearing cannot be allowed because the Computer Section of the High Court is the "high risk zone" for Covid-19 infection and hence no person from there can be allowed within the Court room/ chambers.

"There is a request made from A.S.G.I. for taking the case through video conferencing.

This request cannot be entertained in view of the fact that staff of the High Court has already in high risk of Corona infection and this is more prevalent in the Computer Section. No infrastructure is available to carry out Video conferencing in the Chamber," the Court said.

It also mentioned that there is no additional infrastructure in the Chamber to enable a virtual hearing.

Therefore, the matter has been listed as fresh for physical hearing on September 30, 2020.

The Court said,

"Equipment cannot be allowed to be fixed by a person in the high risk zone exposing the judge and the staff of the Court to such infection. Therefore, I am of the view that request for taking the case through Video Conferencing cannot be entertained for the present."

It may be noted that as per the notification for functioning of the High Court, last issued on July 24, 2020:

The facility of hearing through Video-Conferencing "shall be provided" on asking by the learned Advocates. If any party desires to appear in person then the only mode would be through video conferencing.

Further, the notification provides that Advocates residing in hot spot areas / containment zones "shall not be allowed to enter" in the Court campus. This provision, when read with the present order, creates a conundrum inasmuch as an Advocate, whose case is listed before this Bench and who resides in a containment zone, shall neither be permitted to present his case via video conferencing, nor through physical hearing.

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