Delhi High Court's Notification Mandating Physical Roster System Challenged In Supreme Court; Lawyers Seek Option To Appear Online
A plea has been filed in the Supreme Court challenging the notification stipulating physical roster of sitting Judges & JR's by Delhi High Court. Plea states that the said notification compels advocates to appear in person, without providing them with an option of attending virtual hearings.
Practicing Advocates Kartik Nayar, Nancy Roy, Sachit Jolly and Amit Bhagat are the petitioners before Top Court and have moved the plea on behalf of Mohit Paul, Advocate-on-Record.
The primary contention of the practicing advocates and petitioners is that to much shock and dismay of the advocates and the legal fraternity, the impugned notification along with the latest roster of physical sitting of 8 courts was released on 14.01.2021& 15.01.2021, which mandates that a total of 11 benches, inclusive of 2 Divisional Benches, 3 Single Benches (Civil), 3 Single/benches (Criminal) and 3 Original Benches (Civil), to sit daily and take up matters physically. This, the plea contends compels the advocates to appear in person, without having any regard to the life, health, and well-being of the advocates and their families.
"It is pertinent to mention herein that vide the said Roster dated 14.01.2021, it has been specifically provided that the matters which are listed before the physical benches, would not entertain any requests for change of mode of hearing," the plea states.
It is contended that this impugned notification along with the roster as issued by the Hon’ble High Court of Delhi is in utter and complete disregard of the life, health and well-being of the practicing advocates, litigants, among other legal/non-legal personnel, in addition to being bad in law and violative of fundamental rights of the advocates and other 9 personnel as mentioned herein.
Furthermore, it is also against the interest and safety of the public and society at large, the intermingling of an alarmingly increased number of advocates, clerks, court staff, and litigants poses an increased risk of the spread of the infection and fatalities, the plea avers.
It is stated that the impugned notification has failed to take into account and understand the plight of advocates travelling from outside of Delhi for physical hearings, amidst the ongoing pandemic in public conveyances thereby increasing the chances of catching and transmitting the infection and unnecessary exposure to risk of Covid-19, both inside and outside the Court premises and its ramifications on the entire legal community and general public at large.
In this context, the petitioners seek issue of an appropriate writ, order or direction in the nature of mandamus to direct the Hon’ble High Court of Delhi to set aside the public notification dated 14.01.2021, bearing reference no. 35/RG/DHC/2021 and allow the advocates to choose and accordingly appear through virtual mode of hearing and issue thereto, a fresh notification with the option of appearing virtually.