[Physical v. Hybrid] Bar has to speak in one voice: Delhi High Court asks DHCBA to arrive at consensus on nature of hearings

Taking into account the opposition to the physical opening of courts from March 15 onwards, the Delhi High Court on Friday asked the Delhi High Court Bar Association (DHCBA) to arrive at a "consensus" on the nature of hearings they wished to seek. (Manashwy Jha vs UOI & Ors)."The lawyers have to speak in one voice..The Bar has to speak in one voice," a single-judge Bench of Justice Prathiba M Singh Singh remarked. .The Court noted that while the Full Court order on the resumption of complete physical functioning was passed at the insistence of the Bar Association itself, more than a thousand lawyers were said to have signed a representation seeking hybrid hearings. .The Court accordingly asked the Executive Committee, DHCBA to constitute a Committee, which would include three senior advocates and at least 2-3 lady advocates, for considering the issue of complete physical functioning of courts..DHCBA may decide to hold the meeting with stakeholders in hybrid manner, the Court said. .Justice Singh was hearing a petition seeking a direction to suspend the complete physical opening of the High Court and subordinate courts till the vaccination process of all lawyers, at least in first phase, is completed.. The petitioner before Court is advocate Manashwy Jha. .The Court today heard a battery of lawyers on the aspect of continuation of hybrid system of hearing, including Senior Advocates Mukul Rohatgi, Rajiv Nayar, Ramji Srinivasan, Geeta Luthra and Additional Solicitor General Chetan Sharma. .Senior Advocate Rohtagi urged the Court to consider the resurgence of COVID-19 in the country before opening its doors for physical hearings while also clarifying that he did not belong to any faction and was speaking for himself. .Allowing hybrid hearings in "exceptional" circumstances is "too extreme", he said. .Senior Advocate Nayar argued that with the global pandemic gaining momentum once again, an advocate should not be compelled to come to court. ."Way to go forward is technology, and not to go back," Senior Advocate Srinivasan added. .Senior Advocate Luthra suggested that physical hearings should be deferred till May-July as based on medical opinion, "this was the time to be extra careful..Advocates Manish Vashishth, Kirtiman Singh, Shadan Farasat, Sachit Jolly, Nikhil Rohatgi, Jeevesh Nagrath also made submissions before Court. ."There's a very thin line between right to work and rigth to life," Vahishth said. .Espousing the cause of young mothers, advocate Amrita Sharma urged that the hybrid system should continue till the time schools open physically for children. .Apprehensions were raised with regards the adherence to social distancing norms, new COVID-19 strain etc. .The Court after hearing the parties asked the Executive Committee of DHCBA to consider these submissions in its meeting. Member Executive, DHCBA, advocate Kajal Chandra was present before Court..During the course of the hearing, Justice Singh shared that on hybrid hearing days, 80 percent of lawyers appeared before her court in virtual fashion but maintaining disciple was an issue during virtual hearings.."The stress on the judges is very high," she said. .Justice Singh further remarked, ."I don't think any of us would have any grievance against the amount of work judges are doing.. just the fact that everyone (including staff) is working morning to night.".Advocate Jayant Mehta appeared for the High Court..The matter would be heard next on March 4 when the DHCBA would apprise the court of the decision taken in the meeting with stakeholders. .Read the order: