Physical or Hybrid? The Technology Divides The Gujarat High Court Bar

The Gujarat High Court is one of the first High Courts in the country to start functioning virtually. In the beginning of Covid, only a few benches were functioning, but with the passage of time and a slight reduction in the number of Covid cases, almost all the benches became virtual. The Chief Justice's Court took one step further by starting live streaming of proceedings on YouTube. Pleased with the acceptability and success, almost all the courts of the High Court of Gujarat had adopted live streaming.Obviously, there are some advantages and disadvantages in physical and virtual functioning of the court. But the happenings in the Gujarat High Court Bar Association suggest that the focus on the debate on 'hybrid' or 'physical' hearing has been lost, leading to a marked division among the lawyers.The High Court was functioning virtually post Summer Vacation till 15.08.2021. A General Body Meeting of the Association was held on 13.07.2021 under the Chairmanship of the Bar President Mr. Y.N. Oza. There was a demand by large number of lawyers attending the meeting that since the pandemic situation has improved, the physical courts should open. A few lawyers did voice that the court should adopt hybrid system i.e. if someone doesn't want to come to court but wants to argue the case through virtual platform, she should be given such an option and the other party can opt to be physically present in the Court room. Since the majority was in favour of exclusive physical hearings, it was unanimously resolved that physical hearings shall commence. As per the request of lawyers, the High Court, on 06.08.2021, announced resumption of physical functioning with effect from 17.08.2021, subject to congenial situation prevailing at that time.In the meantime, many High Courts like Mumbai, Delhi, Madhya Pradesh, Karnataka, Orissa, Madras, etc. had already announced their Standard Operating Procedures (SOPs), detailing both physical and virtual options. When the Gujrat High Court published draft SOPs for resumption of physical functioning of the High Court of Gujarat, some aged and lawyers with comorbidity realized that there was no option of hybrid platform. Some of them addressed a letter on 09.08.2021 to the Chief Justice of Gujarat High Court, requesting him that while the High Court may open physically, the virtual option (Hybrid) should also be made available. It was particularly for this reason that the draft SOPs had suggested that advocates, party in person, registered clerks above the age of 65 years and those suffering from co-morbidities may refrain from appearing in the courts. Such request was rejected and on 10.08.2021, the final SOP was notified by the High Court, which did not provide for any hybrid hearing. After notification of the SOP, a letter was addressed by 187 lawyers on 12.08.2021 to the Hon'ble Chief Justice of Gujarat again suggesting that the High Court, which had been so aggressive in marrying technology, should adopt hybrid hearings.On 15.08.2021, 40 advocates including a few senior advocates, addressed a letter to the President of Gujarat High Court Advocates' Association for requisitioning an Extraordinary General Body meeting of the Advocates' Association. It was for discussing, considering and passing a resolution requesting the Chief Justice and other Judges of the High Court of Gujarat to provide for a virtual hearing option in addition to the physical hearing as provided by various other High Courts. But the High Court started functioning physically on 17.08.2021 without offering any hybrid platform.The debate on hybrid or physical hearing also affected Bar Association meetings mode. It was indicated that the extraordinary general body meeting would be held on 23.08.2021, in the bar room of the Gujarat High Court premises at 01:55 pm. 127 lawyers, which included 6 senior advocates, addressed a letter dated 20.08.2021 to the President / Honorary Secretary requesting that the scheduled extraordinary general meeting of Gujarat High Court Advocates' Association be held virtually and not physically. A few lawyers also addressed a letter to the President that as per the SOP, it may not be permissible to have the general meeting of the Gujarat High Court Advocates' Association in the bar room of the High Court, a copy of the letter to the Deputy Registrar and Covid Coordinator, High Court of Gujarat. Finally, the extraordinary general body did not happen.Arguments in favour of exclusive physical hearing.It gives the feel of arguing, multiple lawyers can be present in the court simultaneously, exchange documents and judgements etc. during the course of arguments.The concept 'High Court Lawyers' is getting diluted. Through the online facility, District Court lawyers have started appearing in the High Court. The main feeding of the cases to the High Court lawyers are basically from District Court lawyers, which sustain the High Court lawyers financially. Already the lawyers badly hit by the...

Physical or Hybrid? The Technology Divides The Gujarat High Court Bar

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