Hearing Of Cases From March 15: Delhi HC Issues Directions, Hybrid Hearings To Be Exception, Close Watch To Be Kept On COVID-19 Situation

On Friday, a host of counsels including a number of senior counsels in the matters appeared before the bench of Justice Vipin Sanghi and Justice Rekha Palli.

While some of them contended that even if the Courts are going to reopen physically with effect from March 15, the hybrid form of hearing should be undertaken in appropriate cases, however, counsels appearing for Delhi High Court Bar Association, Bar Council of Delhi, and the Coordination Committee of All-District Bar Association supported the full-fledged resumption of physical hearing from March 15 and

Court's observations

Noting that many sectors have opened up, the Delhi High Court opined that it is high time that the Courts should also resume physical hearing, the Court said,

"A beginning has to be made and the fear that has gripped the people – including the Advocates, has to be shaken off."

However, taking into account the possibility of a spike in the number of Covid-19 positive cases, the Court directed the administration to keep a close watch on the situation and take appropriate steps when physical hearing is resumed in the High Court and the Courts subordinate to it, with effect from March 15 onwards.

Further, the Court took into account the report filed by the Registrar General of the Court, iterating that in view of the present status of available infrastructure, the hybrid system of hearing in the courts subordinate to the Delhi High Court is not feasible.

However, in the case of High Court, the Court directed that adequate infrastructure for hybrid hearings be installed in all the 25 courtrooms (before 15^th March) from where the physical hearing will be resumed from March 15 onwards.

The Court also directed that requisite training to the court staff be imparted so as to enable them to be able to operate the hybrid system.

The Court said,

"The requisite infrastructure should be available in all Courtrooms, so that the requests for virtual/ online hearing in exceptional cases may be entertained on merits, and are not filed on the ground of non-availability of the hybrid hearing facility in some Courtrooms."

As to what would constitute exceptional cases, the Court left the question to the discretion of the Judge/Judges before whom the cases are listed, and before whom the request for a video conference hearing is made.

Directions issued by the Court in context of video conference hearing:-

• While making such a request, the opposite counsel/parties should also be put to notice and request would be permitted to be made at least one working day in advance.
• Decision on whether or not to grant such a request would be entirely on the discretion of the Judge/Judges.
• The hearing through video conference, on or from March, would be the exception and not the norm and if allowed, the hearing would be entirely at the peril of the party requesting for the same.
• In case of poor internet connectivity, the Court would not be obliged to adjourn the proceedings.
• It would be the obligation of the parties/counsel to ensure that the records are circulated well in advance, so that they are brought on record/documents/copies of decisions and also served on the opposite party(ies).
• Specific grounds to be given while making a request for VC hearing and absence from the geographical limits of GNCTD alone, may not be a sufficient ground for making a request for a video conference hearing.

Order in connection with hearing in the Subordinate Courts

As far as District Courts are concerned, the Court noted that since the infrastructure to hybrid form of hearing isn't in place, a similar arrangement cannot be directed for the District Court for the time being.

However, the Counsel for GNCTD was granted a week's time to place on record an affidavit with regard to the time the State would need to provide adequate infrastructure in the District Courts, so that hybrid hearing can be held in those courts as well.

Lastly, the Court set aside the direction issued by the Single Judge on 26^th February 2021, to the effect that no adverse order shall be passed by subordinate courts in Delhi if the counsel does not appear for physical hearing.

Also, the Court has called for a report from all the District Courts in Delhi with regard to the footfall/crowing in the functioning of the Courts in the first week after full-fledged physical hearing starts on March 15.

The matter would be heard next on Wednesday (24^th March 2021).