'We Trust That The Chief Justice Of Delhi HC Will Do The Needful' : SC Disposes Of As Withdrawn Lawyers' Pleas Against Physical Hearings In Delhi

The Supreme Court on Wednesday disposed of as withdrawn two pleas challenging the decision of the Delhi High Court to resume large-scale physical hearings before itself and subordinate courts in Delhi with effect from January 18, without giving a choice to lawyers to appear through the virtual. A Bench headed by Chief Justice of India SA Bobde disposed of the petitioners after the submissions of Senior Advocate Kapil Sibal that a meeting was scheduled for today with the Delhi High Court Registrar-General to discuss the issue. COURTROOM EXCHANGE In today's hearing, Sibal submitted to the Court that the Registrar-General of the High Court had called for a discussion today at 4 PM, and accordingly sought for an adjournment. However, the CJI informed Sibal to withdraw the plea and approach the Delhi High Court instead. "We trust the Chief Justice of Delhi High Court will do the needful", stated the CJI. The CJI further observed that the Supreme Court also wished to "get back to the action", however, the opinion of health authorities would be sought for on this matter. "We also want to get back to the action we used to. But we want to ask the health authorities before that. We are not going to take the opinion of advocates on a health thing", noted the CJI. Senior Advocate Vikas Singh, at this juncture, stated that the common man was not getting justice during virtual hearings. This was promptly refuted by Solicitor-General Tushar Mehta who informed Singh that the Courts had not denied access to single citizen. Accordingly, the Supreme Court disposed of the pleas as withdrawn.Court exchange on January 19"We see the gravity of the problem", remarked the Chief Justice of India on Tuesday while considering a petition filed by a group of advocates challenging the decision of the Delhi High Court to resume physical hearing in certain courts (Karthik Nayar and others v Hon'ble High Court of Delhi).The CJI also said that the ordinarily the Supreme Court will not interfere with the administrative decisions taken by a Chief Justice of the High Court. Therefore, the CJI initially suggested that the petitioners should go before the Delhi High Court itself challenging the decision."We see the gravity of the problem. Primarily, we do not interfere with the administrative decisions of the Chief Justices. We will ask you to go back to the High Court and address your grievances there", CJI SA Bobde said.In response, Senior Advocate Kapil Sibal submitted that there was a "clear and present danger" involved as lawyers will be exposing themselves to the COVID-19 pandemic. To take away the option of virtual hearings completely, and to state that no adjournments will be granted in physical hearings was unreasonable in the present circumstances, Sibal submitted."We understand", the CJI replied.Sibal urged the Court to pass an order stating that physical hearings are optional. The option of virtual mode should be kept available during the pendency of the decision by the High Court, if the Supreme Court is relegating the parties to the HC, Sibal submitted.At this juncture, the CJI-led bench said that the matter will be considered the next day.. Senior Advocate Anjana Prakash told the bench that a group of women lawyers have filed a petition challenging the resumption of physical hearing and requested the bench to tag the said petition also on January 20.Petition backgroundThe bench considered the petition 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.Advoates Kartik Nayar, Nancy Roy, Sanchit Jolly and Amit Bhagat have challenged 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.Advocates Amrita Sharma,Saumya Tandon,Padma Priya,Asmita Narula, Shivani Luthra who are practicing women advocates before the High Court of Delhi as well as the District Courts in Delhi have also moved Supreme Court challenging Impugned office order in view of the fact they compel the advocates, court staff, litigants and other persons appearing before the Courts to put at risk their own, as well as their family members' health in order to earn livelihood.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, ...

'We Trust That The Chief Justice Of Delhi HC Will Do The Needful' : SC Disposes Of As Withdrawn Lawyers' Pleas Against Physical Hearings In Delhi

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