Had the Lockdown confined the access of Courts to some privileged Laywers and selective Law Firms and has threatened the audacity of Judiciary? The BCI seems concerened.

The Bar Council of India has decided to consult Advocates from the Supreme Court and all High Courts and District Courts to collect opinion on the resumption of regular court hearings as the use to tech only and very limited functioning of the Courts due to Lockdown seems to have posed threat on the dignity of the Legal Profession.

The BCI had issued a statement yesterday and has stated that it has received various complaints and concerns from Lawyers regarding virtual hearings.

It added that the video conferencing proceedings faces disturbances on account of poor connectivity or other technical glitches and that listing of cases on a 'pick and choose' basis in some High Courts has also raised concerns on functioning of Courts amid Lockdown.

The Press Release read:

"In the opinion of some of the biggest Bar Associations and several advocates of Supreme Court and High Courts, some people are trying to take undue advantage of lockdown (and almost closure of Courts) and the legal profession is gradually being attempted to be highjacked by a few blessed lawyers and selected law-firms who have high level connections."

BCI also raised concern over lack of transparencyin Court proceedings during the Lockdown. It said: 

"The public of the country as well as the Advocates are in the dark about what is transpiring in the Courts on account of the virtual hearings and the Courts cannot shut their eyes to this issue."

The Press Release from BCIfurther adds that the Chief Justice of India and the Chief Justices of High Courts may have to be approached to point out that decisions on the mode of hearing that are made without taking the Bar into confidence would not be able to succeed.

In view of the above issues and degerading situation, the BCI has decided to hold an 'Opinion Poll' on the issue through the State Bar Councils and the Bar Associations.

In regard to this, the BCI has also sought reports by the State Bar Councils, which are also expected to contain suggestions for the necessary steps that can be adopted by Courts to ensure the safety of all stakeholders.

Statemen in this regard read:

"The Council will make desirable request and submit appropriate demand to the Hon'ble Chief Justice of India after discussing the reports to be received from State Bar Councils and Bar Associations."

As far as the virtual hearings at the Supreme Court, the BCI has also decided to request the Chairman of the e-committee, Justice DY Chandrachud to instruct the concerned authorities to make provision for extra links for the hearings so as to ensure that all the Counsel involved in the Case gets to participate in the hearing as merely two links are being provided as of now.

AID FOR ADVOCATES IN NEED

Apart from the above, the BCI statement also revealed that it has resolved to once again request the Prime Minister and the Chief Ministers of different States to provide assistance to needy Advocates during this time of financial crisis due to Lockdown and to help them overcome the professional loss they have suffered and continue to suffer.

The BCI remarked that it along with the State Bar Councils have provided maximum aid they can to make up for the financial crunch, however resources on their behalf falls short and thus Govt's intervention is must to bach up Lawyers in times of distress and crisis.

Read Press Release Here:

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