Supreme Court Physical Hearings : Senior Advocates Request CJI To Keep Hybrid Option Open On All Days; CJI Agrees To Discuss Issue With Colleagues

Expressing reservations regarding the decision of the Supreme Court to resume mandatory physical hearing on two days in a week, few senior lawyers made a mention before the Chief Justice of India NV Ramana on Wednesday.

Senior Advocate Kapil Sibal submitted before the CJI that the revised SOP issued by the Court to have mandatory physical hearings on Wednesday and Thursday will create a lot of difficulties. He submitted that certain cases are highly voluminous, involving several briefing lawyers, and it will be difficult to manage them in physical hearings adhering to COVID protocols. He therefore requested to keep the option of hybrid hearings open on all days, instead of having an inflexible rule.

"While we respect the sentiments of all sections of the bar, we want to explain that there should be no hard and fast rule. Please allow us to come and explain the difficulties", Sibal requested.

The CJI replied that the decision was taken in view of the persistent demands by the bar association to resume physical hearings.

"You know why we took this decision. Bar associations are saying we are not listening and opening physical courts. So I asked my colleagues. Even though some of my colleagues had reservations, we went ahead. What is the problem in having physical hearing for two days?", CJI asked.

"For example, in the PMLA hearing, there are 6 advocates briefing. There are volumes running into 40 to 50 to 60. Justice Khanwilkar agreed to our request to have the hearing virtual. We are not opposed to physical hearing. We will come for physical hearing. All we are saying that there should not be a hard and fast rule. Many High Courts have the hybrid option. Please allow us to come and explain. In the meantime defer this after Diwali", Sibal explained.

The CJI said that he alone cannot take a decision, as it is a decision taken by a committee.

"There is a committee constituted by Hon'ble Justice Bobde long time back, with 7 judges. Now it has 5 members. Let us see. I will talk to my colleagues during lunch time", CJI said.

Sibal said that his request is backed by many senior lawyers and Solicitor General of India Tushar Mehta. Senior Advocates Dr.Abhishek Manu Singhvi and Mukul Rohatgi had also logged in along with Sibal for making the mentioning.

The CJI said that he will discuss with the other judges and will give a time possibly on Friday for a meeting.

Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association, clarified that the SCBA wants complete physical hearing.

"I am opposing. I want physical to start on all days. The senior lawyers who have difficulty can afford to take a break for 6 months but junior lawyers cannot, they are literally starving. Even I can take a break. Let us all take a break!", Singh submitted.

"This is not an election speech!", Solicitor General quipped.

"We respect the sentiments of all sections of the bar", Sibal repeated.

The CJI assured that he will discuss the issue. "Let us see", he said at the end.