SCBA challenge to hybrid system of hearings: Supreme Court calls for minutes of meeting held to finalise SOP

The Supreme Court on Friday took note of the contention that the Bar was not consulted while finalising the modalities of the hybrid system of hearings at the apex court ( Supreme Court Bar Association v. Supreme Court of India ).

. A Bench of Justices Sanjay Kishan Kaul and Hemant Gupta thus sought the minutes of the meeting between the Supreme Court Registry and the Supreme Court Bar Association (SCBA) that led to the finalisation of the Standard Operating Procedure (SOP) for hybrid hearings.

. The Court was hearing a challenge mounted by SCBA to the decision of the Supreme Court to limit physical hearings by laying down a hybrid system which allows lawyers the option to appear virtually as well.

. Today, Senior Advocate and recently elected SCBA President Vikas Singh told the Court,

"SCBA headed by Mr Dave had decided to resume full physical hearing. Then when I took over, we had a meeting with CJI where it was stated that nothing will be done without discussing with Bar."

. Justice Kaul then assured Singh that Bar's opinion will be taken into account.

"Lawyers are bound to run into each other. But Bar will be considered. First let us have the minutes of the meeting," he said.

. "You have glass partitions and you are safe. You are 99 percent safe. Let us design our SOP. Who are you (Registry) to design the SOP?" Singh replied.

Justice Kaul responded that the apex court as an institution is entitled to take a call though the Bar's opinion carries weightage.

"As an institution, it can take a call, but your opinion certainly has weightage. Let us see the minutes of the meeting."

. After Singh urged the Court to list the matter on Monday citing the urgency of the matter, the Court decided to list it on Tuesday, March 16.

. The petition filed through advocate Rahul Kaushik and settled by Singh states that the SOP for hybrid physical hearings was issued by the Registry of the Court without consultation with the Bar even though Bar is an equal stakeholder in the dispensation of the justice delivery system.

. "That the President SCBA had also written a letter dated March 2, 2021 regarding resumption of physical hearing in the Supreme Court. However, the suggestions given have not been take into consideration before issuing the Standard Operating Procedure dated March 5, 2021 for hybrid physical hearing," the petition states.

. The plea contends that if virtual hearing is allowed to continue permanently, it will disturb the level playing field in the profession by allowing lawyers to argue from territories where the members of the SCBA do not have the opportunity to argue due to lack of reciprocity.

. The petition also highlights that the entry of lawyers into the High Security Zone through proximity cards remains suspended by virtue of the SOP.

. Registry officials are allowed entry into the High Security Zone though the same is kept suspended insofar as lawyers are concerned, it is further pointed out.

The SOP, the petition states, mandates that entry of counsel to the High Security Zone would be through daily "special hearing passes" which will be issued by the Registry.

. The plea also points out how swimming pools, malls and cinema halls have been allowed to function again and how marriage functions are also allowed subject to an upper cap of 200 persons.

Thus, it is SCBA's case that by restricting entry of lawyers into the Supreme Court alone, the SOP violates Article 14, 19 and 21 of the Constitution.

. "Judges have a sterile route to and from the court room and there are glass partitions which separate the Judges in the Court room from the Lawyers and Litigants so basically it is the lawyers and litigants who would be at some risk if at all so the SOP dated March 5 ought to have been issued after consulting the Bar and the Bar had already written for the resumption of physical hearing," the petition stated.

."Bar not taken into confidence:" Supreme Court decision to limit physical hearing to hybrid mode challenged by Supreme Court Bar Association. [Read an account of today's hearing here]

SCBA challenge to hybrid system of hearings: Supreme Court calls for minutes of meeting held to finalise SOP

Debayan Roy

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