Lawyers, litigants adversely affected by online functioning of trial courts: Ernakulam Bar Association writes to Kerala High Court Chief Justice

The Ernakulam Bar Association (EBA) has written to the Chief Justice of Kerala High Court, Justice S Manikumar, urging resumption of physical functioning of trial courts with the relaxation of lockdown restrictions in Kerala..In the letter, the President of EBA, Advocate Anil S Raj, highlighted the difficulties faced by advocates and litigants as for over a month now, as trial courts have been functioning only via video conference. If lower courts continue to function this way even after lockdown eases, there would be an unconscionable delay in the disposal of the huge backlog of cases pending before courts which would affect the judiciary at large. This skeletal functioning of trial courts could also push many advocates to penury, he cautioned. .Therefore, the EBA made the following suggestions:.1. All courts in the District may be instructed to function by employing a judicious mix of online and physical hearing modes;2. As was being done while emerging from the previous lockdown, all courts may be directed to prepare their restricted cause lists for the coming week and publish the same by Friday 5 pm of the previous week and simultaneously send copies to the Bar Associations concerned;3. The possibility of taking up the roll call alone in online mode and thereafter assigning separate time slots during the rest of the working day for taking up matters in which evidence has to be taken or arguments advanced may be explored. 4. In order to comply with Covid Protocols, the Principal District Judge may be directed to work out the modalities inidentifying cases to be included in the restricted cause list;taking up matters in which parties express urgency but are not included in the restricted cause list;allotting realistic time slots to various cases that are to be heard in physical mode in consultation with judicial officers and the Bar Associations..Virtual court has more lacunae than benefits: 505 lawyers write to CJI SA Bobde for resumption of physical functioning at Supreme Court.Since the commencement of the first pan-India lockdown in March 2020, lawyers have raised grievances regarding the issues they have faced while adapting and using online court systems, especially in District, Sessions and subordinate courts. Earlier this year, over 500 Supreme Court Layers had written to then Chief Justice, SA Bobde, seeking resumption of physical functioning. Currently, courts across the country are looking at a hybrid model of functioning with some cases being heard physically while some are heard online.