After the SC Committee comprising of seven Judges suggests resumption of Physical Hearings in some benches from next week with additional safety measures, over 200 Advocates from across the Bar have come forward to oppose the decision.
A presentation has been submitted before the Committee of the Hon'ble Judges, requesting to continue hearings via Video Conferencing and defer the physical appearances, until discovery of a Covid cure/ vaccine.
The letter states:
"The infection has the potential of casting psychological, social and economic costs on the infected person in terms of depression, getting ostracized and financial over runs of treatment with additional fear of death looming large on the infected person."
These Advocates have expressed variance with the view taken by the SCBA and SCAORA on resumption of physical hearing, citing the 'risk of transmission' of infection to Court Rooms.
The Committee has recommended resumption of physical hearing of cases which are in their final stage after 10-15 days in three courtrooms.
In the presentation, it has been pointed out that both Union of India and WHO have warned that the Virus remains in air and social distancing is necessary to prevent community spread and therefore in such circumstances re-opening of Courts will expose the Judges, Courtroom Staff and Lawyers arguing matters to increased risk of contracting the infection.
Last month, the SCBA and SCAORA passed a joint Resolution seeking resumption of physical hearings in the Supreme Court in which the fact of 'severely constrained' functioning of Courts in Virtual Capacity has been highlighted.
While in this presentation to the Committee it has been stated that under the present circumstances requiring social distancing, higher number of cases can be decided through video conferencing mode.
Source: Live Law
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