Second Covid Wave : Plea in Delhi High Court For Adoption Of Hybrid Hearings In Courts As A Free Choice For Counsels, Litigants

A petition has been filed in the Delhi High Court seeking directions on the Registrar General of the Delhi High Court for taking sufficient steps to ensure continuation and adoption of hybrid mode of hearings (both physical and virtual) in the High Court as well as other Courts and Tribunals falling under its jurisdiction. 

The petition, filed by Advocate Mujeeb Ur Rehman, also seeks direction to formulate sufficient guidelines and adequate infrastructure for hybrid system of hearings. Moreover, the petition also states that such an option of hybrid mode must be available "as a free choice" for counsels, litigants and parties and must be given equal weightage as regards to the physical mode of hearing without barring the parties from any adverse order.

The petition is likely to be heard on 5th April by a division bench of the High Court comprising of Chief Justice DN Patel and Justice Jasmeet Singh.

"That the COVID-19 pandemic is neither eradicated completely nor all the people have been vaccinated for it, so the danger is still continuing, and it may continue for few more years." The petition reads.

Furthermore, the petition also states that it is not necessary for the counsels and parties to be present in the court physically and therefore in such situation, option of appearing virtually must be given to such parties and counsels thereby reducing unnecessary chances of physically contacting with public at large.

"That every calamity brings destruction with it but we can take out positive things from the COVID-19 pandemic and this is that we have learnt virtual court proceedings and are using it effectively; and that we can continue and adopt the use of virtual court proceedings along with the physical one in every effective way to save time and efforts which in turn can be utilized to dispose maximum number of cases on daily basis." The petition states.

The following relief is prayed by the petitioner:

1. lssue appropriate writ in the nature of mandamus or of any other nature as necessary directing thereby to the respondent to take sufficient steps to ensure the continuation of virtual court proceedings through video conferencing along with the physical one in the Hight Court of Delhi and vis-à-vis courts and tribunals over which this court has jurisdiction.

2. Pass an order directing the respondent to formulate sufficient guidelines and to ensure sufficient infrastructure for continuation and adoption of virtual court proceedings along with the physical one in the High Court of Delhi and vis-à-" courts and tribunals over which this court has jurisdiction as a free choice for the counsels, litigants and parties unless in view of such court it's really necessary to be physically present even if COVID-19 pandemic is absolutely over as a regular course of practice and should be given equal weightage as to the physical one without barring from adverse order.