SC Hybrid Hearing SoP: BCI Writes TO SCBA, Calls For Resolution Through Dialogue, Requests CJI To Convene Meeting With Association
The Bar Council of India through its Chairman, Manan Kumar Mishra has written a letter addressed to the Supreme Court Bar Association extending its support to Association's contention that before finalizing the SOP, the Bar should have been invited for their views by the Supreme Court. However, the letter also urges the members of the Association to not make it a prestige/personal...
The Bar Council of India through its Chairman, Manan Kumar Mishra has written a letter addressed to the Supreme Court Bar Association extending its support to Association's contention that before finalizing the SOP, the Bar should have been invited for their views by the Supreme Court.
However, the letter also urges the members of the Association to not make it a prestige/personal issue, and the issue must be resolved through dialogue only and that no hasty decision should be taken.
The letter has been written in the backdrop of the consistent demands of the SCBA that before the issuance of impugned SOP (dated March 5) the Registry should have conducted consultations with the Bar.
It may be noted that the Supreme Court of India had decided (vide its SOP issued on March 5) to start hearing cases in a hybrid manner from March 15 2021.
The letter further states that the Bar Council of India itself doesn't want anything "less than physical hearings" and that the Council has opposed "even the concept of Hybrid mode of hearings".
Significantly, the Supreme Court Bar Association (SCBA) had filed a writ petition before the Top Court seeking quashing of the Standard Operating Procedure issued by the SC Registry for enabling 'Hybrid Physical Hearing' from March 15 onwards.
However, the Supreme Court on Tuesday (March 23) closed the proceedings in the writ petition filed by the SCBA, noting that the matter cannot be dealt with on the judicial side of the court.
Referring to the SCBA's president's arguments raised before the Court, the Bar Council of India's Chairman has stated in his letter that,
"You just see! In what a dirty manner, the arguments made by Mr. Vikas Singh before the Supreme Court (2 days back) is being highlighted by the media. Many members are of the view that in this matter, there was no need to move in Judicial Side of the Supreme Court and there was no justification for any such aggressive arguments in the Court. We should first give respect, only then we should expect to get respect."
It may be noted that during the course of the hearing, SCBA's president had stated,
"What is upsetting is that we will not even be told! There was no communication at all! We were not even called for the meeting! Your Lordships had passed a judicial order, does it have no value? This is no way to go about things! This is a matter of fundamental rights for our members who are in a problem! We were not even consulted!? We tried our best to have meetings, but we were not called at all! Are we are not a stakeholder in the institution?"
To this, Justice Kaul had remarked, "If you pitch it so high, there will be complications. Is the bar to run the registry?"
Further, he had said,
"So the registry takes a decision and the judges can't meet us? I have no interest in meeting the judges! It is for the bar that I want to! ", (even as Ms. Pavuni tries to calm him down). "Please, sir, please… I am sorry, Your Lordships", she pleaded.
"In today's society, everybody is in a belligerent mood! Do what you please!", said Justice Kaul.
"Very well! We will do whatever we do now! Let's see where we go then! If Your Lordships feel that the judges are above the law, we will have to take the law in our hands!", declared Mr. Singh.
Request made to CJI
The letter also requests the 7-Judge' Committee to send an invitation to the President and other leaders of SCBA/SCAORA in order to discuss and consider their genuine concern on SoP.
The letter further states,
"I request the Hon'ble Chairman and other Hon'ble members of 7 Judges' committee to convene meeting in the very opening day (after Holi Holidays) and give SCBA and SCAORA ample opportunity to place their views on SoP."
The letter concludes by stating,
"We are here to protect the institution and not to damage it due to mistakes of others. I am sure that the issue will be resolved in the most dignified and respectful manner. But both sides will have to give respect and proper weightage to each other."
The letter has also been sent to the Chief Justice of India requesting him to place it before all the 7-judges of the Supreme Court-Committee for immediate necessary action in the matter.
Read Letter