No adverse orders to be passed by district courts if advocate does not appear physically: Delhi High Court

The Delhi High Court today ordered that in case of absence of any counsel on physical hearing dates, no adverse orders should be passed by the district courts (Anil Kumar vs Hon'ble High Court of Delhi)..The direction was passed by a single-judge Bench of Justice Prathiba M Singh in a petition seeking hybrid hearings in lower courts on physical hearing days in view of the COVID-19 threat. .Court was hearing a petition by practicing lawyers who are all senior citizens.."Considering the large amount of apprehensions expressed in appearing before physical courts, in district courts, no adverse orders shall be passed if the counsel does not appear physically for any justifiable reasons," the order reads. .During the course of the hearing, the Court was informed that ex parte, adverse orders were being passed in case of non-appearance. ."We then have to bother the High Court.. Even NBWs are being issued against senior citizens," the counsel appearing in the matter said. .On the last date of hearing, the Court had called for a status report with respect to the current manner of functioning of subordinate courts in the city and whether or not adequate infrastructure is available to them for holding hybrid hearings. .The Court today noted that the report in that regard had been placed before it by the Registrar General. ."I have to read the report. It is very detailed report," the Court said and adjourned the matter for March 4. .The petitioners have sought hybrid hearings to be held on physical hearing days for counsel who suffer from co-morbidities and are unable to appear before the court due to the threat of COVID-19 pandemic..It is the petitioner's concern that a number of district courts are not holding hearings due to various reasons, including lack of infrastructure, bad internet connectivity..Advocates Atul Nagarajan, Anant Kumar Hajelay, Devendra Verma, Shreya Arneja, Rajat Gautam appear for the petitioners..Read the order: