Rising COVID-19 cases, fear of community transmission prompt 225 Supreme Court lawyers to urge for continuance of virtual hearings

A group of 225 Supreme Court lawyers has made a representation to a seven-judge Committee of the Supreme Court urging the continuation of the virtual mode of court hearings in light of the growing number of COVID-19 cases. .Differing from the views recently expressed by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates on Record Association (SCAORA) on resumption of physical hearing of matters, the representation raises concern over the growing number of COVID-19 cases, especially in Delhi. If physical functioning resumes, it will result in the risk of "transmission of infection" to courtrooms, states the letter. ."The number of persons getting infected with the Virus has increased to about 67,000 per day as on 12th August, 2020 with Delhi showing an increase by about 1100 persons. The number of infected persons is expected to increase every day and may reach 1,00,000 in next 10 days. This increases the risk of transmission of infection to Court Rooms by the time physical hearing is resumed. This will expose Hon’ble Judges, Court room staff and lawyers arguing matters to increased risk of contracting the infection."Representation made by lawyers.Moreover, the letter points out that the Central government has not yet relaxed social distancing norms put in place to prevent the community spread of COVID-19..Previously, medical experts had advised against the resumption of physical hearing, adds the letter. The lawyers thus urge the Court to resume regular hearings only after obtaining the green signal from medical experts to do so..Owing to these reasons, the letter states that the video conference mode of court hearings that has been taking place since March would be the most viable option as of now. ."In our most humble view, the video conferencing is the only viable method for effecting efficient safe functioning of the Court until there is cure or vaccine against the COVID 19. It is very clear that higher number of cases can be decided through video conferencing mode under the present circumstances. We are requesting a full-fledged functioning of all the Courts with all the matters being heard after due improvement in rate of spread.".As reported earlier, the seven-judge Committee of the Supreme Court was seriously considering the resumption of physical functioning for at least 2-3 benches of the Court from the third week of August..[COVID-19] Supreme Court seriously considering physical functioning of at least 2-3 Benches: SCBA, SCAORA inform members.The Court was prompted to consider the resumption of regular physical hearing based on communications sent by the SCBA and the SCAORA urging for the same. .SCBA, SCAORA urge the Chief Justice of India to consider resumption of physical hearings at Supreme Court

Rising COVID-19 cases, fear of community transmission prompt 225 Supreme Court lawyers to urge for continuance of virtual hearings

Rintu Mariam Biju

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