On Saturday, a group of four Lawyers filed a petition in Supreme Court against the Delhi High Court Notice instructing Subordinate Court to resume Physical Hearings on alternate day basis at a large-scale with effect from 18th Jan, 2021 without providing Advocates with choice to appear via Virtual Mode.
Inter-alia the Roster of the Court concerning the physical sitting of Judges has also been challenged.
In the petition it has been contended that in his decision, the High Court has overlooked the concerns to health, life and well being of Advocates, and the interest of society. It has been asserted that the decision is violative of the Fundamental Rights.
The petition to this regard read:
“..the impugned notification along with the roster as issued by the Hon’ble High Court of Delhi is in utter and complete disregard of the life, health and well-being of the practicing advocates, litigants, in addition to being bad in law and violative of fundamental rights of the advocates and other personnel.. it is also against the interest and safety of the public and society at large, the intermingling of an alarmingly increased number of advocates, clerks, court staff, and litigants poses an increased risk of the spread of the infection and fatalities.”
The petitoners vouched for the present system in place in the Subordinate Court which is open to both physical and virtual hearings and provides interested parties to choose as per preferrence.
They submitted:
"The aforesaid hybrid system of optional virtual; and physical hearing, was accommodating as it catered to the needs of the advocates who preferred to appear in person for their respective matters due to not being able to access proper internet connectivity and at the same time allowed the advocates such as the Petitioners, inclusive of several other advocates, suffering from co-morbidities and/or having someone in their family having major health concerns, appear virtually,”
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It was further asserted that it is not possible for many Advocates, especially the ones who don't have a Chamber in the Court premises, to attend matters physically as well as virtually. It was stated that High Court SOPs also permit only Advocate to appear physically in each matter per side.
The petitioners have also highlighted that how the petition channels a common voice as within one day, over 500 Advocates signed a digital form' favouring continuation of Virtual Hearings, and also opposing the High Court Notification issued on January 14th.
The Delhi High Court via its Notice issued dated 14-01-2021 had directed to its Subordinate Courts to prepare Roster allowing Physical Hearings on alternate days.
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