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SC issues notice to Centre on plea against resuming physical hearing without virtual courts

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Published : Sep 6, 2021, 6:29 PM IST

Acting on the plea against Uttrakhand High Court's decision to resume physical hearings completely from August 24, the Supreme Court issued notice to Central Government, Bar Council of India, Supreme Court Bar Association (SCBA), High Courts of Uttrakhand, MP, Bombay and Kerala. While hearing the matter, the top court observed what will young lawyers learn.

Supreme Court
Supreme Court

New Delhi: The Supreme Court issued notice to Central Government, Bar Council of India, Supreme Court Bar Association (SCBA) on plea against the Uttrakhand High Court's decision to resume physical hearings from August 24 without virtual courts. Responses of four High Courts including Uttrakhand, MP, Bombay and Kerala were also sought by the SC.

The bench comprising of Justice L Nageswara Rao, Justice BR Gavai and BV Nagaratha was hearing the plea filed by All India Jurists Association. It was contended in the petition that virtual courts are affordable and accessible justice system which should not be completely stopped. Lawyers should not be forced to appear in the courts and should be given access to participate in virtual hearings, as per the petition.

Also read: SC refuses to entertain plea to direct Centre, States to take steps to curb second COVID wave

"We miss seeing you in court. We are missing eye to eye contact and argument in full flow in court is missing! How will young lawyers learn? Virtual courts should be there but hybrid cannot function forever and physical courts cannot be just done away with. What is the fundamental right being violated here?" the SC said while hearing the matter.

The top court refrained from imposing a stay on High Court's decision and said it would like to hear the other side. SCBA's advocate Vikas Singh raised the demand for a complete physical hearing. The matter will be heard again after four weeks.

New Delhi: The Supreme Court issued notice to Central Government, Bar Council of India, Supreme Court Bar Association (SCBA) on plea against the Uttrakhand High Court's decision to resume physical hearings from August 24 without virtual courts. Responses of four High Courts including Uttrakhand, MP, Bombay and Kerala were also sought by the SC.

The bench comprising of Justice L Nageswara Rao, Justice BR Gavai and BV Nagaratha was hearing the plea filed by All India Jurists Association. It was contended in the petition that virtual courts are affordable and accessible justice system which should not be completely stopped. Lawyers should not be forced to appear in the courts and should be given access to participate in virtual hearings, as per the petition.

Also read: SC refuses to entertain plea to direct Centre, States to take steps to curb second COVID wave

"We miss seeing you in court. We are missing eye to eye contact and argument in full flow in court is missing! How will young lawyers learn? Virtual courts should be there but hybrid cannot function forever and physical courts cannot be just done away with. What is the fundamental right being violated here?" the SC said while hearing the matter.

The top court refrained from imposing a stay on High Court's decision and said it would like to hear the other side. SCBA's advocate Vikas Singh raised the demand for a complete physical hearing. The matter will be heard again after four weeks.

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