'Virtual Courts Cause Problems To Lawyers In Lower Rung' : Advocates Move Supreme Court For Complete Resumption Of Physical Hearing

114 practicing lawyers, who are members of the Supreme Court Bar Association, have moved the Supreme Court by way of an intervention application seeking resumption of complete physical hearing that was prevailing prior to March 16, 2021.

The intervention application has been filed in the writ petition filed by All India Jurist Association seeking to declare virtual court hearing as a fundamental right.

"Traditionally the administration of justice requires hearing the cases and complaints of the litigants through their legal representatives/advocates and by the Judges in open courts. Open Courts refer to proceedings conducted before a Court of law in full public view," the application states.

Referring to Section 153B of CPC, 1908 and Section 327 of CrPC, 1973 which require trial of all civil and criminal cases in open court, the applicants have stated that although the Top Court is determined to revert back to normal court hearing but "motivated petitions" are being filed to scuttle such attempts.

It has been submitted in the application that the Courts have tried their best to train lawyers to adapt to the new technology but the virtual court set up still carries a lot of problems for the lawyers belonging to the lower rung of the society.

"Even though the virtual system of hearing did provide an ephemeral effective alternative to the justice delivery system in India during the pandemic, it would need serious structural changes to effectuate its continuity in India," the application states.

To highlight the disadvantages of virtual courts, the applicants have stated that junior members of the bar lose out heavily on the practical observations of watching seniors voicing their arguments and court craft skills. It further states that the conduct of court by the Judge would also be an important observation for the junior members of the bar.

"That the majesty of the Hon'ble Apex Court shall lose its sheen if the normal mode of hearing is not resuscitated. The decorum, discipline and dignity of the court has suffered a jolt in this virtual mode of hearing and there are numerous illustrations of compromising with the majesty and dignity came to be noticed during functioning of virtual courts which is not being vividly narrated for avoiding vilification to all or anyone," the application states.

The Application was mentioned today by Advocate on Record Smarhar Singh before the bench of Justices LN Rao, BR Gavai and BV Nagarathna. The bench thereafter agreed to hear the same on December 6, 2021.

Case Title: All India Association of Jurists and Anr v High Court of Uttarakhand| WP (Civil) 941/2021

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