Chandigarh District Courts resume Physical hearing to poor response

After staying shut for more than 7 months due to the Coronavirus outbreak, District & Sessions Judge allowed the physical hearing of cases on Monday, but was met with a cold response.

The Judge has allowed physical hearing provided both parties give their consent. As per Lawyer, “no two parties will give consent hence, this clause will not be of much help as defence party would want to delay hearings by withholding consent”. For the consent of both the parties, a joint application has to be submitted at the special counter on the ground floor of the complex in Sector 43. On Monday, the Court was sanitised, however, majority of the courtrooms remained locked & the hearing of most of the cases was done via virtual hearing.

LAwyer NK Nanda, President, District Bar Association (DBA) said, “There was no physical hearing. I had three cases today & all were heard via videoconferencing. At least judges should start sitting in courtrooms. They can adjourn some matters, but they should hear the advocates in urgent cases.”

He questioned, “When judges in Mohali & other places can sit inside courtrooms, then why not in Chandigarh district court?"

Nanda said they have added a clause that both parties should give consent. “When did two advocates have agreed on one case? One will never give consent, hence, there will be no physical hearing.” For the inspection of judicial records, only advocates or their clerks are allowed to inspect the documents in the courtroom on the working day.

“Most of my cases are in the final stage, but the other party will never give consent. Hence, I will have to wait until this condition is removed,” said a Senior Public Prosecutor.

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