'Lawyers Coming In Trickles For Physical Hearing' : Supreme Court Urges SCBA President To Encourage Members To Come Physically

The Supreme Court on Thursday asked Senior Advocate Vikas Singh, President of the Supreme Court Bar Association to encourage members of the Bar to come to Court for physical hearings.

A Bench comprising the Chief Justice of India NV Ramana, Justice Nageswara Rao and Justice Surya Kant expressed disappointment at lawyers turning up to Court for physical hearings in less numbers, after resumption of physical hearing of cases in Supreme Court with hybrid option, from September 1, 2021. 

"We have lawyers coming in trickles. We have 2 lawyers coming in everyday why can't others come?" the Bench remarked

The Bench also indicated that once the lawyers start coming to Court for hearings, the issues related to the Standard Operating Procedures can be sorted out.

The Bench made the observations while considering its suo motu case regarding the extension of limitation period due to the Covid pandemic.

The Bench indicated that it will recall its suo motu order of April 27, 2021, which had extended with effect from March 14, 2021 the limitation period for filing of cases in view of the COVID second wave.

Advocate Shivaji Jadhav appearing for the Supreme Court Advocates On Record Association made a request that the suo moto extension of limitation order be extended till the end of this year considering the possibility of a third wave of the pandemic.

The Bench however wasn't inclined to extend the period any further, and observed that if at all a third wave of the pandemic comes, the Court will consider it.

"If at all a third wave comes we will see, Don't expect any third wave now" the CJI said.

"Why unnecessarily you are pessimistic. Don't invite the third wave", the CJI said.

CJI further added, "Mr Vikas Singh says- 'there are no waves, tomorrow onwards start physical courts fully'".

The Chief Justice of India was referring to insistence on the resumption of physical Court hearings on multiple occasions by Senior Advocate Vikas Singh as the President of the Supreme Court Bar Association.

"We have lawyers coming in trickles. We have 2 lawyers coming in everyday why can't others come?" Justice Nageswara Rao said.

In response to Mr Vikas Singh's statement regarding the Standard Operating Procedure issued by the top Court for hybrid hearings, CJI Ramana said "Mr Singh what SOP! If they want to come they'll come.You encourage your members of the Bar to try to come physically, let them come, we are trying, we will consider the SOP and everything no issue"

"Let all courts start physically, don't give option to lawyers." Mr Jadhav on Behalf of SCAORA said.

After more than a year of virtual functioning, the Supreme Court of India of India recently resumed physical hearing of cases, with hybrid option, from September 1, 2021.

The Court issued the Standard Operating Procedure to be followed during phased resumption of physical hearing, giving an option to the Counsels to appear either through physical mode or through video/tele-conferencing.

Earlier in March this year, Supreme Court had considered the resumption of physical hearings in hybrid mode from 15th March and had issued a SOP on 5th March for the same. Several directions were also issued regarding its functioning in consideration of the ongoing Covid 19 pandemic and suggestions given by the Bar Associations.

The SCBA had however decided to not accept the said SOP as it was prepared without taking into confidence the Bar, despite the assurance given to them by CJI Bobde in the meeting held on March 1st 2021. A plea was also moved before the Court seeking quashing of the SOP issued by Supreme Court's Registry on hybrid hearings, claiming that the the impugned SOP had been issued "unilaterally" by the Registry,

Physical Hearings Post Covid:

Last year in August , the top court had decided to resume physical hearing on an experimental basis in certain court rooms for final hearing matters with the consent of advocates. Though a list of 1000 cases for physical hearing was published, it did not take off as only a handful of advocates consented to it.

The Supreme Court Bar Association in March through its representation to CJI had asserted that virtual hearing was only a "stop-gap" arrangement to keep the wheels of justice moving during the pandemic and that Open Court hearing is both a convention and a Constitutional requirement. Stating that the pandemic was "very much in control", it had urged CJI to open the Supreme Court for physical hearing of cases.

Post several representations made in an attempt to restart physical hearings by Supreme Court Advocates On Record Association, SCBA, etc, the Supreme Court of India had decided to start hearing cases in a hybrid manner from March 15th 2021 on experimental basis.

However, the second wave of covid and surge in cases put a halt on the efforts of resuming court hearings physically or in hybrid form.

Case Title: In Re Cognisance For Extension Of Limitation 

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