Senior Advocate Pradeep Rai has requested the Chief Justice of India, Justice S.A. Bobde, to start physical hearings immediately in the Supreme Court taking into account the pitiable condition of lawyers and their staff members.
In a video statement, Rai said a direction in this regard should be issued urgently to the registry and that will build the confidence of the lawyers in the system. This will also build the confidence of several litigants in our system, he said.
The Senior Advocate said,
“Now all of the malls are open, markets are open, restaurants are being run, Parliament is functioning, legislative assembly is also functioning and there have been several elections of assembly, several elections of the bar have also been conducted physically during this Covid-19 period.”
Rai said,
“Now almost 3,000 registry staff come to the court premises every day, over 500 police officers come to guard the court every day, some of the bar employees are coming to court, canteen employees are coming to court.”
“I fail to understand why the normal physical hearing cannot be resumed since everything is almost back on track. Resumption of physical hearings has to happen if they can’t do this, then it fails the concept of ‘access to justice’ as most of the lawyers and litigants do not possess required technology and equipment for the virtual hearings,” Rai said.
“Considering the situation created post Covid-19, common men have become alien to the justice system. Because they are not able to approach appropriate forums through virtual mode,” he added.
He said,
“Everyday over 1,000s of lawyers, clerks and litigants are seen outside the Courts premises, which is a signal for return of normalcy and environment for immediate resumption of physical hearing in the Apex Court. Lawyers’ chambers within the Court premises are working with full strength and doing all work in the High Court, Lower Courts as well as in Tribunals and Commissions etc.”
Rai said the advocates/litigants are unable to get their matter listed before this Hon’ble Court for hearings and the Advocates-On-Record of this Court also informing that despite, various mentioning letters sent for listing to the registry, their cases are not listed on time and if, the advocates/litigants are allowed to enter the premises of the Court, then, they will be in a position to convince the appropriate authority for listing their matters urgently.
The Senior Advocate said it has been contemporaneously noticed that only 20-25 matters are listed in most of the Courts. Furthermore, the Supreme Court did not function with full strength since March 23, 2020.
Moreover, suspension of proximity cards and not allowing lawyers to use libraries and canteens causes inconvenience in preparation of their cases as well as research on the subject of their interest, he said.
“Many High Courts have already resumed physical hearings and some of the High Courts have adopted hybrid systems of hearing as well. The Supreme Court should also adopt the same with all precautions and protocols necessary to keep Covid-19 away.”
Rai observed that India is a country where the 16th century and the 21st century co-exist. “One can easily find a man on a bullock cart, another on a bicycle, a third driving a car and a fourth in a super luxury Mercedes on the same day, at the same time, on the same road.”
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The Senior Advocate’s statement comes in the wake of the vaccination programme kicking off in India for healthcare workers and other frontline corona warriors. The country has been through successive stages of unlock and normal life is as good as back to pre-coronavirus pandemic days with masks and social distancing.