'Cases Are In Quarantine': Senior Advocate Rakesh Dwivedi Writes To CJI To Open SC With Strict Riders [Read Letter]

"Closing courts for long is a self destructive idea. Courts are sentinels of fundamental rights", writes Senior Advocate Rakesh Dwivedi to Chief Justice S. A. Bobde, amidst the COVID lockdown through which the Supreme Court, the High Courts and even the subordinate judiciary remains effectively shut except *for a handful of matters of "extreme urgency" *which are being heard electronically

"There are backlogs. Vital interests of the people are involved and the cases are in quarantine", he continues, articulating that "Video conferencing is like putting the court in ICU on oxygen".

"So how do we go about to restore a slightly better functioning", presenting "Some ideas as a food for thought".

He advanced the following suggestions-

1. All courts sit with 25 cases each. On hearing days 5 cases and 5 final disposals.

2. Judges and lawyers wear masks as well as gloves . As it is judges sit on the dias. They are separated from lawyers by a good distance. They themselves can sit 5 ft apart.

3. Employees can be divided into two groups, each working for a week. They can be tested beforehand and sanitized.

4. Very few employees should approach the judges. Preferably not more than 2.

5. Cases should be further divided hourly basis. 5 cases per hour. So lawyers in court are few.

6. For Every case only 2 seniors with one junior should be allowed entry.

7. No client should be allowed in court.

8. Lawyers must leave court once their case is over. Their clerk too.

9. Filing can be by internet only.

10. No intern should be allowed.

In my view with suitable changes this scheme can work with safety.

11. All lawyers chamber, canteens and library may remain closed.

Aforesaid and some other steps could help in resuming court functioning.

"Keeping Supreme Court closed or in conference mode for long may not be in national interest. With little functioning of the court the checks and balance is absent. Amidst the pandemic war the Apex court must remain Awake to the maximum extent possible. This is for your kind consideration", he signs off.

Read the Letter Here

Saturday, April 11, 2020

12:01 PM

To,

The Hon'ble Chief Justice and his Companion Judges,

Closing courts for long is a self destructive idea. Courts are sentinels of fundamental rights. There are backlogs. Vital interests of the people are involved and the cases are in quarantine. Video conferencing is like putting the court in ICU on oxygen. So how do we go about to restore a slightly better functioning. Some ideas are being presented as a food for thought.

1. All courts sit with 25 cases each. On hearing days 5 cases and 5 final disposals.

2. Judges and lawyers wear masks as well as gloves . As it is judges sit on the dias. They are separated from lawyers by a good distance. They themselves can sit 5 ft apart.

3. Employees can be divided into two groups, each working for a week. They can be tested beorefhand and sanitized.

4. Very few employees should approach the judges. Preferably not more than 2.

5. Cases should be further divided hourly basis. 5 cases per hour. So lawyers in court are few.

6. For Every case only 2 seniors with one junior should be allowed entry.

7. No client should be allowed in court.

8. Lawyers must leave court once their case is over. Their clerk too.

9. Filing can be by internet only.

10. No intern should be allowed.

In my view with suitable changes this scheme can work with safety.

11. All lawyers chamber, canteens and library may remain closed.

Aforesaid and some other steps could help in resuming court functioning. Keeping Supreme Court closed or in conference mode for long may not be in national interest. With little functioning of the court the checks and balance is absent. Amidst the pandemic war the Apex court must remain Awake to the maximum extent possible. This is for your kind consideration.

With due deference,

Rakesh Dwivedi

Sr Advocate