Supreme Court, Bar leaders want Physical Hearings; 99% of Lawyers don’t

Deferring to repetitive demands of bar association leaders, the Supreme Court had planned to start limited physical hearing of cases on a trial basis from this week, but the move appears to have fizzled out as a measly 0.87% of advocates agreed to appear in person to argue cases.

Supreme Court Bar Association president Dushyant Dave and SC Advocates-on-Record Association president Shivaji Jadav had strongly urged, either during virtual hearing of cases, or in their meeting with the committee of seven judges, starting physical hearing in the Apex Court.

The SC has been adjudicating cases since March 25 through video-conferencing.

The court registry displayed a list of 517 regular cases and 170 miscellaneous petitions and sought consent from counsel engaged by litigants for physical hearing. “Only in six of the total 687 cases, lawyers from both sides have consented for physical hearing,” a registry source said.

Though medical experts were advising a wait and watch policy before starting physical hearing given the large number of daily Covid-19 infections in the country, the judges committee comprising Justices N V Ramana, Arun Mishra, R F Nariman, U U Lalit, A M Khanwilkar, D Y Chandrachud and L N Rao had suggested opening of three courtrooms for physical hearing of cases with only arguing counsel given entry.

“We had readied three courtrooms by installing glass partitions, exhaust fans, sanitation facilities and other equipment for the purpose of physical hearing within a week of the report given by the judges’ committee recommending physical hearing on a trial basis for a limited number of cases as a pilot project. We were also ready to make available three more courtrooms within a week if there was demand by more lawyers for physical hearing. But since only six cases got consent from lawyers of both sides, the present three courtrooms will be more than sufficient,” the source added.

On August 12, the judges committee, after consulting top medical experts engaged in the fight against coronavirus and interacting with Bar Council of India chairman Manan Kumar Mishra, Dave and Jadhav, had recommended a hybrid system that would include opening of three courts with all necessary precautions for physical hearing of old cases, while continuing to adjudicate fresh matters through video conferencing. But immediately, hundreds of advocates-on-record signed a memorandum opposing start of physical hearing.

Meanwhile, Patna High Court adopted a novel procedure to determine whether lawyers were ready to start physical hearing of cases. It took up the issue on the judicial side and issued notices to the advocate general, associations of advocates, bar and lawyers to seek their view. On August 12, all lawyers endorsed the advocate general’s view that given the pandemic situation in the state, proceedings should be conducted in the virtual mode. The HC will hear the matter again on September 2 for a fresh look at the pandemic and commencing physical hearing.

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