Supreme Court physical hearing SOP 'a non-starter'; lawyers should be allowed inside high security zone without restrictions: SCBA writes to CJI

With a day to go for the Supreme Court reopening its gates for physical hearing after a year long COVID induced hiatus, the Supreme Court Bar Association (SCBA) has written to the Chief Justice of India (CJI) NV Ramana raising objections to the Standard Operating Procedure (SOP) issued by the top court for such physical hearings..SCBA President Vikas Singh in a letter to the CJI, has called the SOP "a non-starter" as "SCBA members would not like to take the options for physical hearing with so many conditions attached". The Bar body has taken specific objection to the fact the restrictions on entry to the Supreme Court is not just confined to entry into court rooms but applies to the top court's high security campus as a whole. "The SOP prohibits entry of lawyers high security area without special passes which will dissuade our members from applying for physical hearing," the letter said.The SCBA has, therefore, suggested that restrictions should be in place only with regard to going inside courtrooms and not with regard to entering the high-security area and every lawyer with proximity card (normal entry card used by lawyers for access to Supreme Court) should be allowed to access high-security area.."The high-security area has large open areas in form of corridors where lawyers wait for matters. It also has a large number of bar rooms, libraries, canteens where the lawyers can sit with the covid protocol in place. The SOP prohibits the entry of lawyers to the high-security area without special passes which will, in turn, dissuade our members from applying for physical hearing," read the letter to CJI. .Further, the SCBA has stated that limiting the number of people to twenty in every courtroom "is also arbitrary as the size of courtrooms differs substantially". ."The number of persons permitted to enter the courtroom should be based on the size of a courtroom and the number of twenty can be justified only in the smallest courtrooms. Moreover, the discretion given to a Judge to adjourn the matter last minute if the number in a particular matter increases more to than twenty people is also unjustified as this will disrupt a lot of hearings in the court," the letter said. .SCBA has maintained that though the bar is apprehensive about the third wave of COVID-19, the same will be immediately known either when the mutation of the virus takes place or if the number of cases suddenly start spiking."We can take our call with regard to the manner of the functioning of the Supreme Court at that stage and the said fear does not justify restricting the functioning of the Supreme Court now," the letter said..The Secretary General of the Court had issued a Standard Operating Procedure (SOP) for physical hearings in the top court.The physical hearing for the time being will be limited to final/ regular hearing matters on non-miscellaneous days, i.e. Tuesdays, Wednesdays and Thursdays."With a view to gradually facilitate resumption of physical hearing, the final hearing/regular matters listed on non-miscellaneous days may be heard in the physical mode (with hybrid option), as may be decided by the Hon’ble Bench, considering the number of parties in a matter as well as the limited capacity of the Court rooms; further, any other matter may be heard in physical mode on such days, if Hon’ble Bench directs likewise. All other matters, including those listed on miscellaneous days shall continue to be heard through video/teleconferencing mode," the SOP said.Importantly, the SOP said that in any such matter listed for physical hearing (with hybrid option), all counsel appearing for one party can appear either through physical mode or through video/tele-conferencing.Advocate(s)-on-Record are required to register themselves on the Supreme Court portal, and submit their preferences for appearing before the Court either through physical mode or through video/teleconferencing mode within 24 hours/ 1:00 PM next day after the publication of the weekly list of final hearing/ regular matters, the SOP said.Once hearing through physical mode is opted by the AOR/ petitioner-in-person, hearing through video/tele-conferencing mode to the party concerned will not be facilitated..[Read SCBA Letter to CJI]