Supreme Court to Resume Physical Hearing Soon

CJI S.A. Bobde has assured the representatives of the Supreme Court Bar Association that it will adopt a hybrid system of hearing and resume physical system of courts soon.  Due consideration will be given to the following factors while working to start the system of physical hearings/

  1. Medical advice
  2. Existing health impediments of stakeholders
  3. Technology and infrastructure arrangements
  4. Availability of court and registry staff

A letter issued by the Supreme Court Advocates-On-Record Association gives further clarity on the issue.

  • consent of lawyers/ advocates-on-record will not be taken for physical hearing.
  • mentioning of cases will also be allowed based on urgency and in a phased manner.

Relevant excerpt from the letter issued by SCAOR in this regard.

"The said resumption of physical hearings in a hybrid manner will be based on normal listing of cases and not based on consent of the Advocates On Record/Advocates," a communication by officials of Supreme Court Advocates-on-Record Association

it is pertinent to mention Lawyers practising before the Supreme Court today made a written representation before the Chief Justice of India to press for starting the physical system of hearing again. While the lawyers appreciated the adoption of virtual mode in response to the pandemic, they also pointed out to the anomalies in the virtual mode of working.

In a letter addressed to CJI last month, lawyers summarized the crux of their request in the following 5 points.

  1. Network connectivity issues.
  2. No proper management by the Registry, regarding the virtual hearing.
  3. No response to the calls by the dealing officers in hand mentioning branch.
  4. Dismissal of mentioning of urgent matters by the mentioning branch without providing any reason for the same.
  5. More than 50% of young practitioners of this Bar have been constrained to leave Delhi as they were unable to meet out their living expenses. 6. Members staying in Delhi NCR and practising before this Hon'ble Court has a huge effect on their earnings due to which, either they have to depend on their family or on odd jobs.

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