"Holding Hearings In Physical Mode As A Norm And VC As Exception Unsustainable Under Article 21": Plea In Delhi High Court

An intervention application has been filed in the Delhi High Court in the PIL on restoring physical mode as per the order dated 9th March 2021, in order to support hybrid system of hearings in all courts, tribunals and other adjudicating authotities keeping in view health of general public, traffic congestion, difficult parking and air environment of the national capital.

The Delhi High Court vide it's order dated 9th March 2021 directed that all Delhi courts will begin physical functioning in full swing from March 15 and that hybrid hearing mode though available will only be allowed only in exceptional cases.

According to the intervention application, it has been submitted that the petition, insisting on the Physical Mode of hearings as a norm and VC as exception, overlooks and ignores the larger issue with regards to environment which is already looming in the case of MC Mehta v. Union of India (W.P. Civil 10329/1985), pending in the Supreme Court. The Apex Court had issued directions in the said petition for protection of environment, air pollution, traffic congestion, stubble burning and vehicular pollution in the NCR region.

"That physical mode of hearing in bound to increase traffic congestion, parking issues, air pollution, etc being impact on environment. Such policy to have physical mode as a norm and VC as exception cannot be justified in terms of development or contribution to the society. In absence of any relation to the sustainable development, the policy of holding physical mode as a norm and VC as exception is unsustainable and liable to be dismissed in the light of Article 21 of the Constitution of India." the application reads.

Furthermore, the application states that all District Bar Association and Delhi High Court Bar Association, also respondents 3 and 4 in the case, are acting merely for few individuals by insisting on physical hearings, thereby ignoring their larger responsibility towards arrangement of internet facilities in various courts to make it accessible for those who are unable to afford technology benefits.

"Not a single step has been taken by these Bar Associations towards the internet services/ fibre optic network which can be installed in selected area within 48 hours, but these Bar Associations are unreasonably insisting on physical mode for the reasons best known to them. Such a stand of the Bar Associations cannot be sustained to represent voice of the majority, particularly when no survey was ever conducted digitally or otherwise to collect choice of mode by every advocate/ member of the Bar." The application states.

The following prayers are sought in the intervention application:

1. Adopt hybrid mode of hearings at the earliest in time bound manner in all the courts, tribunals and other adjudicating authorities, keeping in view the health of general public, traffic congestions, difficulties in parking,air pollution and other environmental issues, etc.

2. Reject the arguments of respondents no. 4 & 5 (All Bar Association and DHCBA) on holding preferred physical mode of hearing until they place on record the digital survey report of their entire membership on preferred mode of hearing opted by their respect Bar members.

3. Direct the respondents no. 4 & 5 (All Bar Association and DHCBA) to place on record the time frame for arranging the facilities of fibre optic internet services outlets for members in all the court premises, who can appear before any other court/ tribunal from one court premises.

The writ petition is scheduled for hearing on 24th March 2021.