Supreme Court Modifies SOP To Allow Virtual Hearing On Non-Miscellaneous Days For Any Reason

The Supreme Court has made one amendment to the Standard Operating Procedure for physical hearing stating that the bench will have the discretion to give virtual hearing option to a case on a non-miscellaneous day(Tuesday, Wednesday and Thursday) for any reason.

As per the latest SOP issued on October 7, the Court will have mandatory physical hearings on Wednesdays and Thursdays.  All the matters listed on Tuesday, as a non-miscellaneous day, would also be heard in physical mode, however, on prior application by the AOR for the party, appearance through video/teleconferencing mode will be facilitated. The virtual hearing options is available only on miscellaneous days (Monday and Friday)

According to Clause 5 of the SOP of October 7, the bench could grant virtual hearing option for a case if the number of lawyers are more than the working capacity of the court-room as per COVID-19 norms. This clause has been now amended to state that the bench may give virtual hearing option on a non-miscellaneous day "for any other reason".

"If Hon'ble Bench is of the view that in a particular matter listed on non-miscellaneous days, the number of Counsel is more than the working capacity of the Court-room, as per Covid-19 norms, or for any other reason the hearing of  a matter be held through video/tele-conferencing/hybrid mode, the Registry will facilitate hearing of such matters through video/tele-conferencing/hybrid mode."

It may be recalled that a section of the bar wanted to have the option of hybrid hearing on all days. Senior Advocate Kapil Sibal had mentioned the issue before the Chief Justice of India on Wednesday (when the October 7 SOP came into effect) and requested for keeping the hybrid option open on all days. Sibal's request was backed by Solicitor General Tushar Mehta, Senior Advocates Dr.AM Singhvi and Mukul Rohatgi. The President of the Supreme Court Bar Association, Senior Advocate Vikas Singh, however opposed it, and said that the SCBA on the other hand wants only physical hearing on all days.

Yesterday was the first day when the Supreme Court had complete physical hearings for the first time since March 2020, when the Court had switched to virtual functioning due to COVID-19 pandemic.

Click here to read the amendment to the SOP