On Thursday, SCBA President, Dushyant Dave has informed the its Members that a three-Judge committee will hold a meeting with office-bearers of Bar bodies to review the Court's functioning and dicuss future course of action on Friday, June 5.

In the communication hurled from his side Dave stated that the Supreme Court Registry has asked him, in his capacity as the SCBA's President, to attend a meeting so scheduled.

The Committee shall comprise of Justice NV Ramana, Justice Arun Mishra, and Justice UU Lalit. They will take stock of and review the Top Court's functioning during the Lockdown period and the will discuss the future course of action.

In view of the Lockdown observed cocncerning to COVID-19 pandemic, the Supreme Court had restricted its functioning to hear extremely urgent matters only since the end of the March. Gradually as the Lockdown period kept extending, more Benches began to convene and other fresh pending matters also began to be taken up for hearing by Court.

The pandemic has compelled the Top Court to resort to hearing cases via Video Conferencing amid its restricted functioning in order to ensure the safety and well-being of all the stakeholders during the pandemic.

However, in light of the easing of lockdown restrictions by the Government and the reporting of numerous problems faced by the Lawyers while appearing before the Virtual Court system, the SCBA and the SCAORA has duely made request to resume the normal functioning of the Court.

'The meeting scheduled on June 05 is crucial for the entire Institution as a whole and for the Rule of Law', stated Dave in his message.

He said:

"Administration of Justice cannot remain virtually closed for an indefinite period. Justice delivery is a constant process and must remain so."

He highlighted that Litigants are anxious and clamouring for hearings and await disposal of their cases, the message states, at the same time, Lawyers, in the absence of much work, are struggling.  He added that the Executive Committee of the SCBA is conscious of the pain felt by thousands of the members on a daily basis.

"For the Bar, there is an existential question. Without Court’s functioning, Members of the Bar, except the privileged few, are in dire need for the Court to start to give them chance to work and livelihood. We, in the EC, are feeling pain suffered by thousands of our Members on a daily basis."

In backdrop of the above, Dave has sought responses from the members of the Bar to assess the pulse of the Bar on the issue of Court's functioning.

To this regard, he has put forth a number of questions before the Members requesting them to send their response on the same via e-mail: scbasuggestions@gmail.com

He has stated that the Bar's response shall help him to present the Bar's sentiments before the Judges Committee.

The aspects are:

  • Do you want regular (physical) hearings to restart in the Hon’ble Supreme Court of India?
  • If Yes, how fast do you want the same to begin?
  • Do you want only Admission matters to be heard or both Admission and Regular matters to be heard in such hearings?
  • Do you agree that in view of the continued COVID 19 pandemic , all such measures must be taken , should such hearings begin , as are utmost necessary to protect all stakeholders?
  • Do you agree to authorise the SCBA and SCAORA Executive Committees, to discuss and finalise such measures including providing for consequential action for their breach, with the Registry of the Hon’ble Court?
  • Do you agree to abide by such measures once put in place strictly and letter and spirit?
  • Do you have a suggestion (in one sentence only please)?

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