An Advocate came wearing a face mask, made self-declaration before a Division Bench that he was under “self-isolation”

Advocates & others present in the Chief Justice’s court hall of the Karnataka HC were in for a shock on Monday afternoon when an advocate, representing the Karnataka State Pollution Control Board (KSPCB), who came wearing a face mask, made a self-declaration before a Division Bench that he was under “self-isolation” as he had met a client who later “tested positive” for COVID-19.

Following this the Bench, comprising Chief Justice Abhay Shreeniwas Oka & Justice Ashok S. Kinagi, told him that “he shouldn't have been in the court” in such circumstances.

“Though we are informed by the Health Secretary that the chance of spread from droplets of a COVID-19 infected person is high only when distance is less than a metre, you shouldn't have been here as per the health advisory... ” the Chief Justice said, while permitting him to leave the court hall immediately, saying that the Bench would pass orders in his absence as his junior was present in the court.

However, many advocates, including Additional Advocate-General Dhyan Chinnappa & other advocates representing the government, said that he shouldn't have come to the court at all. “Oh, no...” was how some of those present in the court hall reacted when the advocate declared that he met a person who later tested positive for COVID-19 while some other advocates pointed out to their colleagues that he was in the court hall since morning.

After hearing of the cases related to the KSPCB, the Chief Justice told the junior advocate to ensure that his senior was quarantined for at least 15 days as per the health advisory. When some advocates said that he was waiting outside the court hall, the Chief Justice requested government advocates to tell him to leave the court premises immediately & quarantine himself.

Advocate clarifies
Though the advocate told the Bench that his client “ tested positive” after he met him, the advocate sent messages to his colleagues & media representatives through WhatsApp later stating that his client, who came from Germany & met him at his office last week, was at present in the testing ward of suspected COVID-19 in Rajiv Gandhi Institute of Chest Diseases in Bengaluru, and the test report was awaited.

When some advocates told the Chief Justice that it would be better if the summer vacations were advanced instead of hearing urgent cases every day, the Chief Justice pointed out that the Chief Justice of India, at a videoconference with Chief Justices of all the high courts on Monday afternoon, had made it clear that the courts could not be closed down & asked us to wait for a week or two to assess the health scenario.

What would happen if the summer vacations were advanced now & the prevailing health scenario continued for four to five weeks, the Chief Justice said, while pointing out that the existing guidelines of relaxing rules for taking up only urgent cases were issued after taking into consideration several aspects, including advancing of summer vacation.

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