In view of the complaints and concerns received from Lawyers regarding virtual hearings in Courts, the BCI has earlier decided to consult Advocates from the Supreme Court and all High Courts and District Courts to collect opinion on the resumption of regular hearings.

In that direction, the Bar Council of India has now written to the Chief Justice of India, Justice SA Bobde and has urged him to issue directions to all Courts in the country to be back on physical/open court hearing from June 1st.

The BCI Chairman Manan Kumar Mishra has asserted that the letter reflects the consensual view and aspirations of Advocates all over the country.

He highligted the growing pendancy of the cases due to limited functioning in Courts and claimed that since only urgent matters are being taken up, only 10% of the total cases qualify for being heard via virtual hearing.

Adding to this, he alleged bias on behalf of the Advocate listing these urgent matters and asserted that he gives preference to only a handful of privileged class of Avocates.

The Letter in this regard read:

“The feedback that we have overwhelmingly received, is that not all requests for listing of cases even in this category are adequately entertained.. only a handful of privileged class of advocates are the beneficiaries of the virtual court system. Thus, access to justice remains a dream for more than 95% litigants. This is the harsh truth."

The letter further apprehended that although there are directions at the High Court and District Courts level to list other matters than urgent matters for virtual hearing upon joint request, parties cannot be expected to reach a mutual understanding to bring the case to an end as in an adversarial litigation one party is generally interested in delaying the matter.

The BCI further brought CJI's attention to the condition of Advocates in need of financial assistance as they are without any court work and court appearances and thus, unable to meet ends.

He wrote: 

“The Bar Councils, with their limited resources have responded and done their bit to help such Advocates, most of whom are young and/or needy advocates, but this system can’t go on forlong as Bar Councils don’t get any State grant."

The Chairman argued that Virtual Courts cannot displace and replace 'traditional court system', and therefore requested the Chief Justice to re-start the physical hearings of Court to return to normalcy and end ill practices in judiciary going on in wake of Lockdown.

He said:

“My Lord! It’s now a hard realty that Covid-19 is not going to go soon. We will have to learn with Corona and adopt all necessary measures to keep the virus at bay. National Lockdown of over 60 days has taught us much about the precautions to be taken and that’s why many government and private sector offices and establishment have started functioning, though with restricted presence.”

The BCI has therefore sought a suitable scheme with guidelines to kick-start physical hearings before courts.

The letter also mentioned suggestion such as restricted entry of Advocates, time-slot hearings, strict compliance of social distancing norms etc. while resuming back to normalcy adding that Virtual hearings may be held as a matter of exception with mutual agreement of parties.

The BCI hoped that the Legal Fraternity will give a deep thought to the request and shall take appropriate decision.

Read Letter Here:

Share this Document :

Picture Source :