Lawyers Move Supreme Court Against Resumption Of Physical Hearing In Delhi Courts, Seeks For Hybrid System

Four advocates have moved the Supreme Court against the Delhi High Court's decision to resume large-scale physical hearing before itself and subordinate courts in Delhi with effect from January 18, without giving a choice to lawyers to appear through virtual mode.Advocates Kartik Nayar, Nancy Roy, Sanchit Jollyand Amit Bhagat are challenging the order of the Registrar General of the Delhi High Court dated 14.01.2021 which has instructed the Principal District & Sessions Judges and the Principal Judge, Family Court to start physical hearings on alternate days basis from 18.01.2020. The Court shall hear matters through video conferencing on non physical days.The order directs the Principal District & Sessions Judges and the Principal Judge, Family Court to prepare a roster of all other subordinate courts falling within their respective districts to ensure that the courts can start physical hearings. This roster shall come into effect from 18th January 2021.Further, by order dated 14.01.2021, the Delhi High Court has announced that 11 benches of the High Court shall conduct physical hearings from 18.01.2021. It is further provided in the order that the courts of Joint Registrars (Judicial) shall hold physical courts as well as through video conferencing on alternate day basis as per the schedule notified in the roster. This shall be done with effect from 18.01.2021. The Joint Registrar Courts are also directed to start recording evidences in all the cases.The plea advances that the impugned Public Notification dated 14.01.2021, issued by the High Court of Delhi, is in complete and utter violation of personal as well as fundamental rights of the lawyers and other legal persons appearing before the Courts- "The High Court of Delhi has miserably failed to take into consideration the well-being, life, liberty and health of the lawyers, clerks, court staff, support staff, the judges, and litigants by compelling them to attend the court hearings in person and thereby has wilfully infringed the fundamental rights guaranteed under Articles 14, 19 & 21 of the Constitution of India"It is urged that there is still alarming rise in the reported cases of Covid-19 in the national Capital, around 15,000-20,000 new cases are still being reported every-day and in no way the intensity of spread of Covid-19 has declined in any manner whatsoever. In fact, the death toll has been repeatedly increasing as new fatalities are reported every-day."The High Court, by way of the impugned notification failed to take into account and understand the plight of advocates travelling from outside of Delhi for physical hearings, amidst the ongoing pandemic in public conveyances thereby increasing the chances of catching and transmitting the infection and unnecessary exposure to risk of Covid-19, both inside and outside the Court premises and its ramifications on the entire legal community and general public at large. The Hon'ble High Court of Delhi has failed to take into consideration the new strain, mutant UK variant of Covid-19, which reportedly spreads much faster and therefore increases the number of cases significantly and is much harder to contain in comparison to the ongoing Covid-19. Reportedly, there have been more than 100 cases of the mutant variant of Covid-19 in India, with more than 20 in the national capital itself, therefore having a congregation of people in courts at this point of time would be extremely fatal", it is urged.The petition states that the High Court of Delhi has failed to take into consideration the present situation caused due to the new strain world-wide and countries like the UK, among many European nations have reinstated nation-wide lockdowns in view of a surge of Covid-19 cases in the past few months inclusive of the new strains. The global coronavirus cases have reportedly already crossed 75 million mark, while the fatalities have surged more than 1.64 million world-wide. India being one of the most populated nation, has already contributed a dangerous amount hereto and if the present situation in India is taken lightly in any manner, the number of cases and fatalities would quadruple overnight causing severe detriment to not only our profession but the entire nation as a whole."The Court has failed to take into account that the Covid-19 pandemic is still prevalent in full force and there are still many citizens who are at high risks and despite following all the precautionary safety directions, are waiting desperately to get vaccinated in order to resume normal functioning of their respective lives, which includes numerous advocates and litigants, while putting their regular life on hold. Vide this notification the Hon'ble Court has, in complete disregard to the above-said situations, issued such an arbitrary and erroneous order, which not only completely goes against public health and safety but is vehemently bad in law", it is pressed.It is indicated that approximately there are more than 70,000-80,000 ...

Lawyers Move Supreme Court Against Resumption Of Physical Hearing In Delhi Courts, Seeks For Hybrid System

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