COVID-19: Bombay High Court switches to hybrid hearing

In view of rise in the COVID-19 cases in Mumbai, the principal seat of Bombay High Court has decided to hear matters through hybrid mode with effect from January 4, 2022 until further orders..The administrative committee of judges of the High Court convened a meeting with all High Court Bar Associations on December 31, 2021 where additional commissioner of Brihanmumbai Municipal Corporation (BMC) Suresh Kakani and Health Commissioner of Maharashtra government Dr. Ramaswamy were present. During the briefing, it was pointed out that there is an alarming rise in the number of infections and State and BMC are equipped to tackle the present rise. .After the meeting, a Standard Operating Procedure (SOP) was issued by the High Court stating that hearing of cases will be through hybrid mode which means the lawyers involved in a matter will have the option to appear physically or virtually. "The hearing of the matters in all Courts will be through Hybrid (Virtual / Physical) mode at the Principal Seat, Bombay High Court with effect from Tuesday, 4 th January 2022, until further orders," the SOP states.It further lays down that physical mentioning of matters for urgent hearing will not be permitted. The advocates/ parties-in-person should seek circulation of their matters only by filing praecipe through e-mail on the designated e-mail ID of the concerned Court, given below."In case of fresh matter, the Advocate / Party-in-person shall first file the matter with filing department, get stamp/lodging number and then move the Praecipe by mentioning said stamp/lodging number on it and setting out the urgency," the SOP further states.For those lawyers who opt for physical appearance, the SOP has prescribed observation of strict norms of social distancing including and entry into court room shall be restricted to:i) One Advocate per party whose vakalatnama is on record or who has been duly authorized and whose case is listed for hearing on board of concerned court; ii) Senior Counsel / arguing counsel engaged by any such advocate;iii) Registered clerk only for limited purpose of delivering heavy and bulky case files of such advocates at the designated point;iv) Party-in-person, where such party is pursuing the case without any legal assistance; v) Entry in the court room shall be permitted to those advocates/ party-in-person whose matter is called out for hearing and also for the advocates/ party-in-person whose matter is immediate next subject to availability of space..Entry of litigants to High Court premises has been prohibited unless ordered by the Court.Parties-in-person, advocates and their clerks, members of the media and court staff have been requested to exercise extreme caution."In the event of any breach of the above terms, court administration would be forced to discontinue the hybrid system and revert to virtual mode of hearing," the notice reads..In this latest rise on COVID cases, it seems even the judges have not been spared. Sources claim that at least three judges in the High Court have been detected as COVID positive recently and are in quarantine. Two of them were part of the same bench while a third judge was sitting with a judge who had formerly been detected with COVID and had recuperated. .[Read SOP]