BCI Chairman to CJI Bobde: If virtual hearings continue even after Lockdown, 95% of lawyers will be left brief less and work less. Read Letter

On Tuesday, Senior Advocate Manan Kumar Mishra, Chairman, Bar Council of India has addressed a letter to CJI SA Bobde stating that certain section of advocates and judges have advocate the idea of continuing with hearings via video conferencing even after the lockdown.

In his strongly worded letter, BCI Chairman has stated that,"If such practiced is continued after lockdown then 95% of lawyers will be left brief less and work less and the practice of law will become confined to group of lawyers and justice delivery system would be badly affected".

The letter states that,"Resorting to technology and video conference hearings in such times is the "need of the hour", extending this practice after the lockdown is lifted would be an "impractical thought."

Chairman Mishra stated that,"Many Senior Advocates, retired Judges and even some sitting Judges of the Supreme Court are oblivious to the ground realities of india. They are thinking on such a tangent and making such utopian plans, which is as if, they are planning upon implementing and executing such ideas for a fully developed nation like UK, USA, or in some other country other than India."

Manan Kumar Mishra has stated that the open court practice has its own values and importance and the video conferencing can never substitute to the open court judicial functions. 

While taking about Legal Education he has stated that it has issued directions to law schools to continue legal education via online classes. But it is not a rule, but a exception. Legal Education cannot be complete unless there are class room teachings accompanied by effective internships and practical training in court rooms, lawyer chambers, law firms etc.

He has further stated that, ​​​​​​"Justice is expected to permeate to all levels"..

BCI Chariman concludes the letter by pointing out that due to lockdown conditions many advocates have slipped into difficult position financially and no help has been extended by State Governments or Centre in this regard. He further adds BCI and State Bar Councils and Bar Associaitions are extending the help it can, but Courts may have to find a safe method to gradually restore its functioning, should the lockdown be extended.

Read Letter @LatestLaws.com: