'Higher Number Of Cases Can Be Decided Via Video Conferencing': Over 200 Advocates Oppose Resumption Of Physical Hearings In SC

These Advocates have expressed variance with the view taken by the SCBA and SCAORA on resumption of physical hearing, given the "risk of transmission" of infection to Court Rooms.

It is pointed out that both Union of India as well as the WHO have warned that the Virus remains in air and social distancing is necessary to prevent community spread. In such circumstances, the letter states, re-opening of Courts will expose the Judges, Courtroom Staff and lawyers arguing matters to increased risk of contracting the infection.

Last month, the SCBA and SCAORA passed a joint Resolution seeking resumption of physical hearings in the Supreme Court. The Resolution highlighted "severely constrained" functioning of Courts in Virtual Capacity due to the the Coronavirus induced pandemic situation.

On the other hand, the representation made before the Committee states that under the present circumstances requiring social distancing, higher number of cases can be decided through video conferencing mode.

"In our most humble view, the video conferencing is the only viable method for effecting efficient safe functioning of the Court until there is cure or vaccine against COVID-19. It is very clear that higher number of cases can be decided through video conferencing mode under the present circumstances," the letter states.

Earlier, CJI Bobde had informed that a 7-judge Committee will be looking into the issue of resumption of physical court hearings. Later, on August 6, Justice UU Lalit indicated that there might be a possibility of resuming physical hearings in limited matters after a period of 2 weeks.

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