SCBA Decides To Reject SOP Issued By Supreme Court For Resumption Of Hybrid Physical Hearings,Will Challenge It In Court

Supreme Court Bar Association has on Saturday decided to not accept the standard operating procedure for Hybrid court hearings, as issued by the Supreme Court today.

The decision has been taken by the Executive Committee of SCBA in an urgent meeting called on Saturday after the SOP dated 5th March was issued by the Supreme Court.

The Executive Committee has unanimously resolved and decided to not accept the SOPs and directions issued by the top Court as it was prepared without taking into confidence the Bar, despite the assurance given to them by CJI Bobde in the meeting held on march 1st 2021.

"It was unanimously agreed that Standard Operating Procedure is unilaterally thrusted upon members of the Bar despite the fact that the Bar is an equal stakeholder in dispensation of Justices delivery system" SCBA's press release reads

The Executive Committee has further unanimously resolved and decided to challenged the SOP issued for hybrid physical hearing through a writ petition before the Apex Court.

Supreme Court of India had issued its Standard Operating Procedure dated 5th March, directing resumption of hybrid court hearings from 15th March. The Court issued several directions regarding its functioning in consideration of the ongoing Covid 19 pandemic and suggestions given by the Bar Associations.

The Court devised a pilot scheme to hear cases in the hybrid mode on an experimental basis. According to the scheme, the final hearing and regular matters listed on Tuesdays, Wednesdays and Thursdays will be heard in the hybrid mode , after consideration of the number of parties in a matter and the limited capacity of the Court rooms. However all other matters, including those listed on Mondays and Fridays will continue to be heard through video -conferencing mode.

The Coordination Committee of the Supreme Court had on February 13th, 2021 clarified that once physical hearings before Supreme Court resume with Virtual Courts in a hybrid manner, the parties will have an option to appear physically or virtually. The clarification had been given in the meeting conducted on Saturday to discuss the resumption of physical hearings by the coordination committee held by Competent authority of the Supreme Court along with Supreme Court Bar Association and Supreme Court Advocates On Record Association

Previously it was notified that the physical courts would resume soon along with Virtual courts in a hybrid manner. In the meeting, a clarification has been given as to what the hybrid manner would mean. It had been explained that when hearings are conducted in a hybrid manner, the Advocates, advocates on Record and the parties in person will have an option to appear in either physically  or virtual court while the matter will be heard in physical court. Therefore when the Court will sit and hear the matter in physical Courts, one party will be able to appear physically and the other party can appear virtually.

It had also been assured that all courts will resume physically in the said hybrid manner, very soon, and the Standard Operating Procedures and related details will be released soon.

Multiple representations had been made to the Chief Justice of India till now seeking resumption of physical court hearings.  

Previously, the Executive Committee of Supreme Court Bar Association and Supreme Court Advocates On Record Association had submitted a joint representation seeking resumption of physical hearings after their joint meeting. The Supreme Court Advocates On Record Association had also separately written to the Chief Justice of India seeking resumption of physical hearings with the existing virtual Courts in a hybrid manner.

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