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Having examined the Standard Operating Protocol (SOP) for physical hearings, the Supreme Court Bar Association (SCBA) has written a letter to the Chief Justice of India NV Ramana against “so many conditions” attached with physical hearings, seeking entry to the high security area by the use of a "proximity card" by lawyers.

The Association in its letter has stated that “the SOP is a non-starter as our members would not like to take the option for physical hearing with so many conditions attached.”

The Association has pointed out that the Apex Court has a distinct architecture where the lawyers are moving from one court to the other in an open corridor where the chance of infection is negligible, hence the restrictions should only be with regard to going inside the courtroom and not with regard to entering the high-security area.

It has been stated that the SOP prohibits the entry of lawyers to the high security area without special passes which will in turn dissuade the members from applying for physical hearings.

The Association has in this regard suggested that entry to the high security area should be permitted by the use of proximity card and the waiting areas should be the libraries and the lounges where lawyers will wait on their own, observing Covid-19 protocol.

It has been urged that the system of issuing special passes should be dispensed with in the SOP.

As far as limiting the number of people to twenty in every courtroom is concerned the Association has suggestion that it should be based on the size of a courtroom and the number of twenty persons per courtroom as mentioned in the SOP can be justified only in the smallest courtrooms.

It has been stated that the discretion given to a judge to adjourn the matter last minute if the number in a particular matter increases more than twenty people is also unjustified as this will disrupt a lot of hearings in the court, hence, a decision on such matters should be taken before listing the same.

With respect to PILs the Association has suggested that since matters involving PILs include all States as parties and a large number of respondents are known to the Registry in advance, the same may be listed only through the virtual mode for some time till full physical hearing is resumed.

The Association has also pointed that there is a considerable decline in the number of Covid-19 cases in the National Capital and that the Supreme Court, being the Apex Court of the country, should be "the guiding star for resumption of normal work in courts in the country as the High courts and lower judicial Courts look upon it for guidance."

Edited by Shreya Agarwal