[COVID-19] Supreme Court seriously considering physical functioning of at least 2-3 Benches: SCBA, SCAORA inform members

As per communications sent by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates on Record Association (SCAORA), a seven-judge Committee of the Supreme Court is seriously considering the resumption of physical functioning for at least 2-3 benches of the Court from the third week of August.

. A virtual meeting held by the Committee on August 11 was attended by the office bearers of the SCBA, the SCAORA, and the Bar Council of India (BCI).

. Communications addressed to the members of the SCBA and the SCAORA following this meeting state that the Committee was urged to commence physical functioning at the earliest while taking adequate precautionary measures.

. In a message sent by SCBA President Dushyant Dave , it is informed that both the SCAORA President and himself had urged the Committee to restart physical functioning of the Court from August 18 onwards, with strict safety measures in place.

. The Committee, however, stated that experts had recommended that physical hearings may restart after two weeks and upon fresh review at that point.

. The Bar representatives are stated to have pointed out that the COVID-19 situation may remain more or less the same after two weeks.

. Therefore, it was urged that the Court may consider resuming its physical functioning earlier so that solutions may also be found to challenges likely to arise that much earlier.

. "The Honble Committee has, while assuring to make their recommendation to the Honble Chief Justice, assured that at least three Courts can start on trial basis " , Dave has said.

. SCAORA President Shivaji Jadhav stated,

" Hon’ble judges committee is seriously considering to start at least 2-3 physical courts from the next week and in the meantime Registry would take necessary steps to prepare the courts for physical functioning."

. Physical courts, when reopened, would operate in addition to the virtual hearings that are currently taking place, it is clarified. Lawyers and litigants would have the option of joining the hearings through video conferencing.

. These physical courts are likely to hear matters from the final hearing list that was published before the COVID-19 lockdown. Dave's message adds that the Bar representatives had also met a three-judge committee headed by Justice L Nageswara Rao to suggest the modalities of fixing matters for hearing.

. A final decision on these suggestions will be taken by the seven-judge Committee in a couple of days, SCAORA's communication informs.

. The Committee comprises Justices NV Ramana, Arun Mishra, Rohinton Fali Nariman, UU Lalit, AM Khanwilkar, DY Chandrachud, and L Nageswara Rao .

. Both the SCBA and the SCAORA have been vocal in urging for the resumption of physical hearings at the Supreme Court. A joint resolution to this effect was also passed on July 20.

. Sources told Bar & Bench earlier that one of the prime considerations before the Apex Court judges was the earnings of small-scale lawyers being hampered. A source revealed ,

. "Lawyers who argue chamber matters and before Registrar's court had a lot to lose during COVID-19. The judges are inclined to start physical hearing atleast in these two segments but what bothers is how would crowd be managed in the corridors or in the courtrooms."

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[COVID-19] Supreme Court seriously considering physical functioning of at least 2-3 Benches: SCBA, SCAORA inform members

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