Surge In COVID-19 Cases: Bombay Bar Association Writes To HC Chief Justice Dipankar Datta Seeking Virtual/Hybrid Hearing

The representation sent to the Chief Justice states that several members of the Bar have contacted the committee members and expressed their concern on the continued physical hearings in Court.

"The members of the Bar have requested that at least a hybrid format should be provided where lawyers have an option to attend virtually. This hybrid format has been operating extremely smoothly in some of the Court Rooms where the learned Judge has made this facility available", the letter states.

Significantly, an administrative committee had held a meeting on 19^th March 2021 with the members of the Bar, wherein a request was made to consider the feasibility of hybrid of virtual and physical court since covid cases were on the rise.

However, the Committee had decided to monitor the situation for two weeks and then revisit the situation. In the meanwhile, the entry of clients was to be prohibited unless so required by the Hon'ble Court.

However, the committed noted that in the past week, there had been an exponential rise in the number of COVID in Maharashtra and particularly in Mumbai.

"A large number of advocates have tested positive for Covid-19. We have been given to understand that a number of Court staff and some of our Hon'ble Judges have also been infected", the letter states.

The letter also mentions that the staff members of the National Company Law Tribunal (NCLT) and DRT, one of the canteen staff members of the Bombay Bar Association and juniors, staff, and office personnel working with numerous law firms have tested positive.

The letter also states that the benches of the Hon'ble Bombay High Court at Aurangabad and Nagpur have already switched to virtual hearings and that carious other High Courts have been seamlessly operating a virtual/hybrid hearing.

"From a public health point of view, the congregation of such a large number of people within court premises will inevitably lead to a spread of corona virus amongst innumerable people across the city,", the letter further adds.

In this backdrop, the BBA has requested the CJ of Bombay HC

"With a view to safeguard and protect the members of our institution and the public at large, we request your good-self to consider affording a platform for conducting court proceedings on virtual and/or hybrid format.

Lastly, the letter concludes by expressing a hope that the request made pursuant to requests received from a large segment of the Bar would receive "urgent and favorable consideration."

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