More physical hearings from October, virtual may also continue till year end: Madras High Court CJ hints

The Madras High Court on Tuesday orally hinted that it may conduct more physical hearings from October onwards, although virtual hearings are also likely to continue till the end of this year. .Before commencing the hearing in a suit this afternoon, Chief Justice Sanjib Banerjee told senior lawyer V Lakshmikumaran, "before he got into the meat of the matter," that the Court may hear more matters physically in some time. .The Chief Justice observed that many lawyers appear to have become comfortable with appearing virtually. However, the Court may soon hear more matters in physical court, he said. "We will continue virtual for quite sometime, definitely for rest of the year. But slowly, we have to get the Court back to normal. Because the speed at which we function (has also been impacted by virtual functioning) …", the Chief Justice observed. .In this regard, the Chief Justice also admitted to having voiced concerns to his brother judge as to whether he has been slow in hearing cases on the virtual platform, since the Bench does not always finish hearing all listed matters..Chief Justice Banerjee added that virtual hearings have also been stressful for judges, given that they have to focus on the two-dimensional screen at all times. ."Some of it, virtual hearing, it is stressful. For lawyers it may not be. We have to concentrate on the screen...", he observed. .In a physical hearing, a judge may look out the window briefly and still know what is happening in Court. In physical hearings, the gestures shown by a lawyer during arguments would also aid a judge in evaluating the matter, he noted. On the other hand, in a two-dimensional hearing, the judge has to continue looking at the screen, he pointed out.."It is about time, probably from the beginning of October we will kind of (hear more matters physically)… already we have allowed final hearing matters (to be heard physically) subject to COVID protocol," the Chief Justice said. .He also acknowledged that there were some advantages for a lawyer when hearings are virtual, in that the lawyer can appear in multiple courtrooms and multiple courts across the country without moving, and in a single day."(If I were a practicing lawyer), I could be in four courts, and not necessarily in the same city," the Chief Justice remarked.."Speaking for myself, I have argued a matter in the Supreme Court; thereafter, I argued a matter in Karnataka, in the afternoon I argued in the Patna High Court, which could not happen in the past," Lakshmikumaran responded.He added, however, that he agrees with the Bench that "this luxury cannot continue forever.".He further observed that even from a lawyer's viewpoint, physical hearings would offer an advantage in that the lawyer would be able to gauge whether or not to pursue an argument or whether the judge is agreeing with the arguments based on facial language and gestures..Madras High Court to continue limited physical hearing before Principal Bench [Read Notification]