38.6c New Delhi, India, Monday, April 15, 2024
Legal Insiders

99% Advocates Vote For Virtual Hearing Of Cases, Sign Memorandum Opposing Resumption Of Physical Hearings

By Lakshya Tewari      02 September, 2020 02:32 PM      0 Comments
Virtual Hearing Of Cases

The Supreme Court of India deferring to the demands of bar association leaders has planned to start limited physical hearing of cases on a trial basis from this week, but the move appears to be fizzled out as a measly 0.87% of advocates agreed for the physical hearing of the cases whereas 99% want the virtual hearing. The medical experts have also advised a wait and watch policy before starting physical hearing due to the increase in the number of patients of COVID-19 infection in the country.

On the other hand, the judges' committee comprising Justices N V Ramana, Arun Mishra, R F Nariman, U U Lalit, A M Khanwilkar, D Y Chandrachud, and L N Rao had suggested opening three courtrooms for the physical hearing of cases and giving entry only to the arguing counsel. Also, there were several instances when Supreme Court Bar Association president Dushyant Dave and SC Advocate-On-Record Association president Shivaji Jadav have strongly urged along with other respected advocates of the Supreme Court, for physical hearing in the apex court in their meeting with the committee of seven judges. 

After interacting with Bar Council of India chairman Manan Kumar Mishra, Dave, and Jadhav and consulting with the topmost medical experts of India the judges' committee recommended a hybrid system that would include the opening of three courtrooms with all necessary precautions for the physical hearing of old cases and continuing virtual hearing for the new cases, but on the other hand, a large number of advocate-on-record signed a memorandum opposing start of physical hearings. Supreme Court started the virtual hearings on 25th March 2020 after the outbreak of the coronavirus.

Meanwhile, the Lucknow High Court lawyers demanded physical hearing of cases. The Lucknow Awadh Bar Association of Lucknow Bench of High Court is up in arms against the Allahabad High Court administration over allowing physical hearing of cases in Prayagraj and not permitting it for its Lucknow Bench. The decision was taken at the governing council meeting of the Awadh Bar Association on Monday. The president of the organization HGS Parihar said, “At present, only virtual hearing of cases is going on at High Court in Lucknow. This system has collapsed due to poor internet connectivity. But in Allahabad High Court, physical hearing of cases is being allowed”.

Parihar also said “When physical hearing of cases can be allowed at Allahabad High Court why can’t it be permitted in Lucknow? We have a sprawling campus where social distancing can be easily maintained”. The Lucknow High Court Lawyers have complained about poor internet connectivity in the failure of virtual hearings.

On the other hand, the Patna High Court adopted a procedure to determine the physical hearing of cases. They issued notices to advocate general, associations of advocates, the bar, and lawyers to seek their view. All lawyers were of the opinion that for now the hearing should be conducted virtually. The HC will hear the matter again on 2nd September 2020.

Share this article:

Leave a feedback about this

Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM


Trending Judiciary
Location sharing of accused as bail condition: SC directs Google to explain how its PIN location-sharing work

Supreme Court directs Google to explain its PIN location-sharing feature as bail condition for accused, raising privacy concerns. Details sought on technical aspects.

09 April, 2024 02:06 PM
Trending Judiciary
'Can't jail everyone for making allegations against CM,' SC tells Tamil Nadu government

Supreme Court rebukes Tamil Nadu, saying not everyone making allegations against CM can be jailed; restores bail for YouTuber Sattai.

09 April, 2024 02:07 PM
Trending Judiciary
HC dismisses Kejriwal's plea challenging arrest by ED in liquor policy case

Delhi High Court dismisses Arvind Kejriwal's plea challenging his arrest by ED in liquor policy case, ruling it legal. Kejriwal remains in Tihar jail pending Supreme Court relief.

09 April, 2024 05:22 PM
Trending Judiciary
SC allows man to undergo potency test as wife claims marriage not consummated more than 7 years of alliance [Read Judgment]

Supreme Court permits potency test for husband in divorce case where wife alleges marriage unconsummated after 7+ years.

09 April, 2024 05:38 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email