Senior Advocate Rakesh Dwivedi in a letter addressed to the Chief Justice SA Bobde has suggested certain measures to help in resuming court functioning since closing of courts for long may not be in national interest.
Dwivedi says that “Closing court for long is a self destructive idea” since Courts are the guardian of Fundamental rights. “Moreover vital interests of the people are involved and the cases are in quarantine. Video conferencing is like putting the court in ICU on Oxygen.”
In order to restore a slightly better functioning of Courts, Dwivedi has put forward some ideas which he calls “food for thought”
- All courts sit with 25 cases each. On hearing days 5 cases and 5 final disposals.
- Judges and lawyers wear masks as well as gloves. As it is judges sit on the dias. They are separated from lawyers by a good distance.
- Employees can be divided into two groups, each working for a week. They can be tested beforehand and sanitized.
- Very few employees should approach the judges. Preferably not more than 2.
- Cases should be further divided hourly basis. 5 cases per hour. So lawyers in court are few.
- For Every case only 2 seniors with one junior should be allowed entry.
- No client should be allowed in court.
- Lawyers must leave court once their case is over. Their clerk too.
- Filing can be by internet only.
- No intern should be allowed.
- All lawyers chamber, canteens and library may remain closed.
Requesting to consider his letter Dwivedi says “amidst the pandemic war the Apex court must remain Awake to the maximum extent possible.”