Three-Judge Committee of the Supreme Court to hold consultation with office bearers of Bar bodies to review Court's functioning tomorrow

In a message addressed to all the members of the SCBA, its President Dushyant Dave has informed the lawyers that a three-Judge committee will hold a meeting with office-bearers of Bar bodies to review the Court's functioning on Friday, June 5.

. Dave's communication states that the Supreme Court Registry has asked Dave, in his capacity as the SCBA's President, to attend a meeting scheduled to be held on Friday with a three-Judge Committee.

. The committee comprising Justices NV Ramana, Arun Mishra, and UU Lalit will take stock of and review the top Court's functioning during the lockdown and the future course of action.

. The Supreme Court had restricted its functioning to hear extremely urgent matters after the nationwide lockdown was imposed at the end of March. Over time, more Benches began to gradually convene and other fresh pending matters also began to be taken up for hearing.

. The top Court resorted to hearing cases via video conferencing amid its restricted functioning in order to ensure the safety and well-being of all the stakeholders during the pandemic.

. However, in light of the easing of lockdown restrictions in the country and the number of problems faced by the lawyers while appearing before the virtual Court system, requests were made by the SCBA and the SCAORA to resume the normal functioning of the Court.

.[COVID-19] SCBA urges CJI SA Bobde to resume normal functioning of Supreme Court.Lawyers unable to present cases effectively in virtual hearings, resume physical Court hearings from July: SCAORA urges CJI SA Bobde. In this backdrop, Dave's message to the SCBA members informs that the meeting to be held on June 5 is crucial for the entire Institution as a whole and for the Rule of Law.

. "Administration of Justice cannot remain virtually closed for an indefinite period. Justice delivery is a constant process and must remain so." Dave's message to SCBA members . Litigants are anxious and clamouring for hearings and await disposal of their cases, the message states. At the same time, lawyers, in the absence of much work, are struggling, Dave highlights. He says that the Executive Committee of the SCBA is conscious of the pain felt by thousands of the members on a daily basis.

. "For the Bar, there is an existential question. Without Court’s functioning, Members of the Bar, except the privileged few, are in dire need for the Court to start to give them chance to work and livelihood. We, in the EC, are feeling pain suffered by thousands of our Members on a daily basis." Dushyant Dave . Dave has, therefore, sought to solicit responses from the members of the Bar to assess the pulse of the Bar on the issue of Court's functioning. He has put forth a number of questions before the members requesting them to send their response on the same via email (scbasuggestions@gmail.com), to enable Dave to present the Bar's sentiments before the Judges committee on Friday. These aspects are:

. Do you want regular (physical) hearings to restart in the Hon’ble Supreme Court of India?

If Yes, how fast do you want the same to begin?

Do you want only Admission matters to be heard or both Admission and Regular matters to be heard in such hearings?

Do you agree that in view of the continued COVID 19 pandemic , all such measures must be taken , should such hearings begin , as are utmost necessary to protect all stakeholders?

Do you agree to authorise the SCBA and SCAORA Executive Committees, to discuss and finalise such measures including providing for consequential action for their breach, with the Registry of the Hon’ble Court?

Do you agree to abide by such measures once put in place strictly and letter and spirit?

Do you have a suggestion (in one sentence only please)?

Three-Judge Committee of the Supreme Court to hold consultation with office bearers of Bar bodies to review Court's functioning tomorrow

Bar & Bench

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