Overwhelming majority of members support resumption of physical hearings: Delhi High Court Bar Association to Delhi High Court

The Delhi High Court Bar Association today informed the Delhi High Court that an overwhelming majority of its members supported the resumption of physical hearings. (Manashwy Jha vs UOI & Ors)

. The opposition to physical hearings was from a "minuscule number of members", the Delhi High Court Bar Association told a Single Judge Bench of Justice Prathiba M Singh .

. The Bar Associaiton nonetheless clarified that it was not against "hybrid hearings" on a case-to-case basis given the availability of technology and infrastructure to support it.

. The submissions were made by Senior Advocate Mohit Mathur , President, Delhi High Court Bar Association and Advocate Abhijat , Hony Secretary, Delhi High Court Bar Association (DHCBA) in a petition challenging the Full Court's decision to start complete physical hearings in the High Court and district courts.

. The Court was informed that pursuant to its direction , a Committee of all stakeholders was formed by DHCBA to discuss the opposition to physical hearings, and "feedback" was also sought from the members of the Bar.

. Abhijat stated that as per the feedback received, lawyers, including those over 70 years of age, were "eager" to come back to court and that they had been "financially impacted.

. Senior Advocate Geeta Luthra , however, registered her objections with the Court as she claimed that no hearing was afforded by the Bar Association to any of them.

. Fundamental rights don't depend on views of the majority, she said.

. Senior Advocate Ramji Srinivasan and Advocates Manish Vashisht, Kiritiman Singh also raised apprehensions with respect to resumption of complete physical hearings.

. During the course of the hearing, Senior Advocate Vikas Singh also made submissions on behalf of the Co-ordination Committee of all district Bar Associations.

. Singh argued that online hearing was not the same as physical hearings in view of the "glitches" that are often faced with the former.

. He added that lawyers practiced in their respective court territories and in the absence of "reciprocity" in terms of online hearings across the country, the local lawyers were losing work.

. "Just because it is convenient for me, can't be the basis for it to continue.", Singh remarked.

. Senior Advocate Ramesh Gupta , Chairman, Bar Council of Delhi further informed the Court that a representation was made to Chief Justice of Delhi High Court for the resumption of physical hearings after consulting all Bar Associations in the city.

.Why restricted COVID-19 vaccination in India when vaccines are being donated, sold to foreign countries: Delhi High Court to Central govt. Given that the issue of vaccination of members of legal fraternity was being looked into by a Divison Bench in a suo motu proceeding and that the present petition challenged the Full Court decision on physical opening, the Court deemed it appropriate to send the petition to the roster bench concerned.

. The petition concerning hybrid hearings in district courts was also sent to the Division Bench.

. The matter would be heard next on March 9.

Overwhelming majority of members support resumption of physical hearings: Delhi High Court Bar Association to Delhi High Court

Aditi

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