Its The Way Out, The Way Forward: Young Lawyers Approach Delhi High Court Seeking Resumption of Hybrid Hearings

A petition has been put before the Chief Justice of Delhi High Court and His Companion Judges requesting it to end Virtual Hearings and resume Hybrid Hearings before the High Court as well as its Subordinate Courts.

The petition by a group of young advocates represented by Advocates Satya Ranjan Swain and Shoumendu Mukherji states that Hybrid hearings should be made the new normal & a permanent mode of justice dispensation.

"In the interest of all, and since there is an opportunity where we have built the infrastructure to accommodate the lawyers and the litigants, both physically and virtually, we the undersigned, want to apprise your good Office that 'Hybrid-Hearings' is the way out -as was implemented very successfully during the first wave of COVID pandemic. "

Noting that the Delhi High Court is one of the leading and progressive High Courts in the country, the advocates submit that hybrid hearings can be more transparent being an open public court -where both the sides have access to the proceedings with just a 'click'. 

This Hon'ble High Court of Delhi has always been a flagbearer of environment friendly system, and adopting A4 size paper in lieu of legal-size paper is one of such instances. 'E-filing' is the natural corollary of the virtual hearing and it's a means towards the end i.e. a Paperless Court. Piling up of papers and storage of such limited resources will endanger the humanity, if immediate concern is not manifested in right direction. Here is an opportunity; and if we miss, the future generation will not pardon us for the devastation.

Making a case for physical hearings, it has been stated that the High Court also cannot be oblivious and indifferent towards the reality that a major portion of the Bar is NOT tech-friendly and is facing immense hardships, starting from filing of a case to effectively assisting the Court in their respective cases, which is affecting their livelihood and financial conditions.

The advocates have also enlisted reasons as to why Hybrid system is the 'way out' and the way forward.

It has thus been sought that:

1. Filing be allowed both in physical and virtual mode so that it is convenient for the litigating parties;
2. There be no limitation with regard to "matters tiled in 2020 and 2021" only. The Court may start taking all the maters listed before this Hon'ble High Court, even those matters filed before 2020, gradually as sufficient delay has already been caused in those matters filed before 2020;
3. Proper training or awareness be given to the members of the Bar to educate them in relation to acquainting themselves with virtual platforms. We all owe a resp0nsibility towards our fellow Bar members and we should not shy away from that;
4. Cases listed before a Court may be categorized under the headings of "Appearance", "Evidence" & "Hearing" in order to minimize the footfalls of Advocates at a given time; and time may be fixed for that to accommodate the Advocates in the Courts; 

The instant petition has been circulated through different social media platforms, including WhatsApp and has been signed by 515 Advocates till now.