Lawyers body seeks hybrid hearings to continue; SC says won't stay the HC order
The apex court says it'll issue a notice to the government, Bar Council, SC Bar Association of India, and Uttarakhand HC to respond. Next hearing on the matter in four weeks
- Sep 6, 2021,
- Updated Sep 6, 2021 5:55 PM IST
The non-government organisation All India Association of Jurists today moved the Supreme Court seeking permission to allow hybrid hearings to continue, while challenging the Uttarakhand High Court order for mandatory physical hearing in court. It said that mandatory physical hearings violate the right to access justice.
The SC bench, comprising justices LN Rao, BR Gavai and BV Nagarathna, said it'll issue a notice to the Bar Council of India but there will not be a stay on the order.
Senior advocate Siddarth Luthra, while appearing for petitioners, said there are three sets of courts -- one like Uttarakhand where there is a complete bar on online hearing; one which is theoretically allowing hybrid; and the third that conduct online hearings.
Justice Rao asked that once people get rid of Covid-19, and if the third wave subsides, will the petitioners still say hybrid should continue?
Advocate Luthra said the hybrid model allows a litigant -- sitting anywhere in India -- easy access to justice. "Travel costs, carbon footprint, paperwork everything is taken care of," he added.
Justice Rao said young lawyers are also suffering due to virtual hearings.
Justice Gavai said just two days ago at a function attended by the Chief Justice of India, the Bar Council chairman said lawyers are suffering, and that it doesn't look good for a senior sitting in his house with three computers to say this.
Luthra explained that it is not the petitioners' views but there is a parliamentary sub-committee report on the matter. He said the hybrid option should not be curtailed cause some are benefiting and some are not.
Justice Rao, however, said a majority of the lawyers are suffering due to this working model.
"It's not the intention of the committee of this court to not have lawyers come to court. We are missing you. The performance of the lawyers is also affected. We are missing eye to eye contact, arguments made in full flow. How would young lawyers learn? Young lawyers sit in court and see seniors like you argue," Justice Rao said.
Advocate PK Yadav also said that hybrid hearings were for the time period when the situation was very dire. "Now the situation is good."
Advocate Luthra said many HCs are working on a hybrid system, and that there should not be a situation where the other HCs also close down hybrid hearings.
The court said the SC will issue a notice to the government, the Bar Council and the Supreme Court Bar Association of India, and the Uttarakhand High court to respond. The next hearing on the matter will be held in four weeks. Meanwhile, the advocate for the Uttarakhand HC has sought four weeks' time to reply.
Also read: Delhi High Court judges to hold physical court hearings from March 15
The non-government organisation All India Association of Jurists today moved the Supreme Court seeking permission to allow hybrid hearings to continue, while challenging the Uttarakhand High Court order for mandatory physical hearing in court. It said that mandatory physical hearings violate the right to access justice.
The SC bench, comprising justices LN Rao, BR Gavai and BV Nagarathna, said it'll issue a notice to the Bar Council of India but there will not be a stay on the order.
Senior advocate Siddarth Luthra, while appearing for petitioners, said there are three sets of courts -- one like Uttarakhand where there is a complete bar on online hearing; one which is theoretically allowing hybrid; and the third that conduct online hearings.
Justice Rao asked that once people get rid of Covid-19, and if the third wave subsides, will the petitioners still say hybrid should continue?
Advocate Luthra said the hybrid model allows a litigant -- sitting anywhere in India -- easy access to justice. "Travel costs, carbon footprint, paperwork everything is taken care of," he added.
Justice Rao said young lawyers are also suffering due to virtual hearings.
Justice Gavai said just two days ago at a function attended by the Chief Justice of India, the Bar Council chairman said lawyers are suffering, and that it doesn't look good for a senior sitting in his house with three computers to say this.
Luthra explained that it is not the petitioners' views but there is a parliamentary sub-committee report on the matter. He said the hybrid option should not be curtailed cause some are benefiting and some are not.
Justice Rao, however, said a majority of the lawyers are suffering due to this working model.
"It's not the intention of the committee of this court to not have lawyers come to court. We are missing you. The performance of the lawyers is also affected. We are missing eye to eye contact, arguments made in full flow. How would young lawyers learn? Young lawyers sit in court and see seniors like you argue," Justice Rao said.
Advocate PK Yadav also said that hybrid hearings were for the time period when the situation was very dire. "Now the situation is good."
Advocate Luthra said many HCs are working on a hybrid system, and that there should not be a situation where the other HCs also close down hybrid hearings.
The court said the SC will issue a notice to the government, the Bar Council and the Supreme Court Bar Association of India, and the Uttarakhand High court to respond. The next hearing on the matter will be held in four weeks. Meanwhile, the advocate for the Uttarakhand HC has sought four weeks' time to reply.
Also read: Delhi High Court judges to hold physical court hearings from March 15