A petition has been filed before the Supreme Court of India assailing Delhi High Court's decision to resume large-scale physical hearing before the High Court and subordinate courts in Delhi with effect from January 18, without giving a choice to lawyers to appear through virtual mode (Kartik Nayar vs Hon'ble High Court of Delhi).

The petition also challenges the roster of physically sitting judges of the High Court dated January 14.

The petitioners before Court are Advocates Kartik Nayar, Nancy Roy, Sachit Jolly and Amit Bhagat.

The Delhi High Court had, on January 14, come out with a notification to increase the number of benches for physical hearings. Accordingly, eleven Benches are slated to sit for physical hearing from January 18.

Besides, the notification also prescribed that lower courts in the city can function physically on every alternate day with effect from January 18.

It is the petitioners' case that by compelling the practicing advocates, litigants, non-legal personnel to physically appear in courts, the High Court has failed to consider the concerns to health, life and well being of advocates, and the interest of society.

“..the impugned notification along with the roster as issued by the Hon’ble High Court of Delhi is in utter and complete disregard of the life, health and well-being of the practicing advocates, litigants, in addition to being bad in law and violative of fundamental rights of the advocates and other personnel.. it is also against the interest and safety of the public and society at large, the intermingling of an alarmingly increased number of advocates, clerks, court staff, and litigants poses an increased risk of the spread of the infection and fatalities,” the petition reads.

It is asserted that the hearings through virtual and physical mode, as per the preference of the advocates and litigants, were going on smoothly before the High Court and its subordinate courts.

"The aforesaid hybrid system of optional virtual; and physical hearing, was accommodating as it catered to the needs of the advocates who preferred to appear in person for their respective matters due to not being able to access proper internet connectivity and at the same time allowed the advocates such as the Petitioners, inclusive of several other advocates, suffering from co-morbidities and/or having someone in their family having major health concerns, appear virtually,” it is stated.

The petitioners assert that it was understood that the present system of virtual hearings would come to an end as soon as the vaccinations are done and people are not at risk.

It is also submitted that it is not possible for several advocates, especially ones who do not have a chamber in the court premises, to attend matters physically as well as virtually. High Court SOPs also permit only advocate to appear physically in each matter per side, it is added.

The petitioners have also pointed out that within one day, over 500 lawyers signed a “digital form” in favour of continuation of virtual hearings, and in opposition of the notification of January 14.

The petition is drawn by Advocates Arzoo Raj, Sunaina Phul. It is filed through AOR Mohit Paul.