A Division Bench of the Madras High Court comprising Chief Justice Sanjib Banerjee and Justice S. Anathi has dismissed the petition pertaining to resuming the physical hearing of the Courts by declaring it frivolous and fanciful.
The Court held that,
“uninformed petitions of the present kind are eminently avoidable if only to allow the Court to concentrate on matters which require its attention and not waste time on the frivolous and the fanciful.”
Factual Background
The Petitioner is a lawyer by profession. As the lockdown was imposed nationwide to curb the virus of Covid, Courts are working virtually instead of physical hearing. The Petitioner wants to resume physical hearing in Courts which will help in the flourishing of their profession. Therefore, the petitioner filed Writ Petition under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to resume physical hearings fully and to open the lawyers chambers for the use of advocates in the Madurai Bench of Madras High Court by taking into account the petitioner's representation dated 26.07.2021 which would ultimately benefit the litigant public and the civil society at large.
Court Reasoning & Judgment
The Court showed its anguishment by declaring the petition as “ill-advised and utterly meaningless.” The petition is made by an uninformed lawyer and is against the public interest. The Court laid down its reasoning for not allowing fully physical hearing as,
“There is no conclusive scientific opinion as of date as to when a third or subsequent surge may arrive and the number of positive cases has been going up in a neighboring state at an alarming level over the last few days”.
The Court further expressed that this Court has continuously warned that in such a situation, in the public interest and to safeguard the health of all concerned, one must err on the side of caution. As it is there is the experience of the havoc that has been wreaked by the second surge of the pandemic since the country was caught unawares. Experts advise that the only protection is for vaccination to be completed so that even if the virus attacks an individual, the chance of fatality would stand reduced.
The Courts have been substantially opened in the State, including the High Court at its Principal Seat and in Madurai. Some form of physical hearing is possible upon permission being obtained. As far as virtual hearing is concerned, the performance in Madurai appears to be much better than at the Principal Seat.
The Court also expounded that it is appreciated that not all persons, particularly parties intending to appear in person, may have access to smartphones or laptops, or other gadgets to participate in the virtual hearing, matters are being taken up and disposed of on a regular basis without a dismissal for default or exparte orders being made.
By considering the prevailing circumstances, the Court dismissed the petition by declaring it fanciful and warned the petitioner to exercise extreme restraint before invoking this extraordinary jurisdiction in the public interest in the future.
Case Details
Case:- W.P.(MD) No.13217 of 2021
Petitioner:- Ukkrapandiyan
Respondent:- The Registrar – Administration, Madurai Bench of Madras High Court & Ors.
Counsel for the Petition - M/s. Rajini. A
Judge: Chief Justice Sanjib Banerjee and Justice S. Anathi
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