A Petition was filed by the lawyers of Delhi HC seeking twin reliefs. The first relief pertained to vaccination of the lawyers, enrolled with the Bar Council of Delhi and members of the Delhi High Court Bar Association, etc and the second was a rather important issue that called for non-resumption of physical hearing till vaccination process is complete.
The court in this matter looked into the question pertaining to the continuance of hybrid hearing after the physical hearing resume on 15th March 2021.
The Registrar General submitted a report that suggests that hybrid hearings are not fully possible in the district courts at this stage as there are several infrastructural issues.
With respect to the question of vaccination of lawyers and judges, counsel appearing for Delhi HC stated that the court took suo moto cognizance of the matter.
It was also remarked by many counsels that a hybrid hearing was the way forward and reliance was made upon the Rajya Sabha Standing Committee Report.
Counsel for Coordination Committee of all District Bar Associations stated that physical hearings can’t be replaced by hybrid hearings owing to the technical glitches. It was also submitted that every Court has a territory where lawyers can practice, and unless and until there is complete reciprocity of online hearings across the country, the Delhi High Court holding online hearings would be detrimental to local lawyers. Counsel also stated that Delhi has developed a herd immunity as the social gatherings have resumed. Therefore, physical hearings must be resumed.
Even the Delhi High Court Bar Association did not oppose hybrid hearings.
It was contended by petitioners that social distancing can not take place in High Court premises owing to the density of visitors.
Justice Prathiba Singh upon hearing various submissions made by several lawyers listed the matter to the division bench of the Delhi High Court.
Furthermore, Justice Prathiba also stated that the order of the previous hearing vis-a-vis non-passing of adverse orders in district courts shall continue till 9th March 2021.
Case Details
ANIL KUMAR HAJELAY & ORS. v. HONBLE HIGH COURT OF DELHI
W.P.(C) 2018/2021
Coram- J. Prathiba Singh
Read Order @Latestlaws.com
Share this Document :Picture Source :
