Hybrid Hearings To Be Exception Not The Norm: Delhi Courts To Resume Physical Functioning In Full Swing From Mar 15

The Division Judge bench of Justices Vipin Sanghi and Rekha Palli said that, "The hybrid hearing mode will only be an exception and not the norm," to be allowed upon application by the concerned counsels one working day beforehand.

The bench stated, "We have to resume physical hearings. Physical hearing has to be the norm. Reading a document on screen and reading it in physical is not the same. If someone is opting for hybrid, they need to take responsibility for an uninterrupted connection, etc. We cannot accommodate disturbances, if you are not able to argue, it is not our problem. We cannot permit the luxury that you remain outstation or wherever you are and the hearing gets affected."

The court added that geographical location of the lawyer being outside Delhi will not be considered to be an exceptional circumstance, and that any hinderance during such virtual appearance such as poor network connectivity or unavailability will be at the counsels' own peril. The court has also directed that it needs to be ensured by Mar 15 that the hybrid hearing system is made available in all courtrooms, as even to avail of the option in an exceptional case, the facility will have to first be available in the courtroom.

In a hearing which spanned almost 4 hours, the court heard all parties at length on the issue, and also agreed to the stance by a lawyer who is the mother of two young children, that in exceptional cases like hers where her kids are attending classes virtually but she wants to continue with her profession and therefore virtual mode of hearing should be allowed to her, the courts would decide the matter "compassionately".

While the Delhi High Court Bar Association and the District Courts Bar Association took the stance that physical hearings must resume in full swing as planned from Mar 15, citing various grounds like junior advocates being severely affected by the current virtual hearing mode, Senior Advocates Geeta Luthra, Chander Lall, and AS Chandiok vigorously argued their stance for continuation of the hybrid hearing facility until more certainty prevails with respect to the Covid-19 situation.

Pointing out the complete lack of even the facility or space to sit outside courtrooms in the present situation where only 11 benches are functioning physically, Sr. Adv. Lall said, "If we were to go back to the old days, where we had to fight our way to even get to the podiums, Your Lordships have rightly pointed out, what will the situation turn to?"

He substantiated that a new strain of Covid-19 has already spread to 5 states, and the danger from the virus is far from over, and "in fact it is making a return."

Agreeing with him, Sr. Adv. Chandiok said, "Even if we need to go back to physical hearings, why can't we go back in phases - after understanding how the vaccine is working, etc." He pleaded, "Let's not be the reason why a pandemic which was otherwise destroying itself is brought back."