SCBA seeks lawyers' view on resumption of regular courts ahead of judges' review meeting

The rising demands of different bar bodies to resume physical courtroom hearings in the Supreme Court which was holding virtual hearings since March 25 due to the coronavirus lockdown, SCBA held a review meeting seeking views of its member-lawyers in this regard.

New Delhi:The Supreme Court Bar Association (SCBA) on Thursday sought views of its member-lawyers on the resumption of regular courtroom proceedings in the Supreme Court which has been holding virtual hearings since March 25 when the COVID-19-induced lockdown was imposed.

A three-judge panel, comprising Justices N V Ramana, Arun Mishra and U U Lalit, would review on Friday the functioning of the Supreme Court in light of the surging pandemic cases in Delhi and adjoining area and the views of SCBA has been sought for on the issue.

The review meeting would take place amid rising demands from bar bodies including Bar Council of India, Supreme Court Advocates-on-Record Association (SCAORA) to resume physical courtroom hearings on grounds including that the virtual court system was not working well in favour of many lawyers, who either did not have access to the technology or were not well-versed with it.

In a communication to members, SCBA President and senior advocate Dushyant Dave asked the lawyers to give their responses to seven questions which included as to whether they wanted regular court hearings to restart or not with the observation, administration of justice cannot remain virtually closed for an indefinite period.

If Yes (courtroom hearings), how fast do you want the same to begin, the letter asked, Do you agree to authorise the SCBA and SCAORA Executive Committees, to discuss and finalise such measures including providing for consequential action for their breach, with the Registry of the Hon'ble Court.

The lawyers' responses would be used by the SCBA in forming its opinion on the functioning of courts and they would be conveyed to the committee of judges.

The meeting is very crucial for the Institution as a whole and Rule of Law in particular. Administration of Justice cannot remain virtually closed for an indefinite period. Justice Delivery is a constant process and must remain so. Thousands of Litigants are clamouring for hearing and disposal of their cases in the Highest Court to get much-awaited Justice, Dave said in the letter.

It also said that for Bar, there is an existential question and without the court's functioning, lawyers, except privileged few, are in dire need for the court to start to give them a chance to work and livelihood.

The letter said the Executive Committee of SCBA was feeling the pain suffered by thousands of members and asked them to abide by the measures to be taken up by the authorities to protect all stakeholders from COVID-19.

The exercise assumes significance as on Wednesday only the apex court released the data of the day to highlight the "success story" of virtual court proceedings and said that as many as 2,893 lawyers appeared in these hearings through video-conferencing.

"Data shows the day-by-day success story of the Virtual Court. Today, 2,893 advocates joined the virtual court hearings before 10 benches of the Supreme Court," an official of the apex court had said.

However, on June 2, the top court took the first step to explore the feasibility of physical appearance of advocates in the court again as the country has entered the first phase of unlocking.

In view of the request received from various quarters and to explore the feasibility of physical appearance of the advocates in the court, while adhering to social distancing norms, it is hereby notified to all the advocates and party-in-person to give their joint consent about the willingness for physically appearing and arguing in the court, the apex court had said in its notice.

(PTI report)