Hearing In Open Court Is Both Convention And Constitutional Requirement Under Article 145 Of The Constitution: SCBA Writes To The CJI For Resumption Of Physical Hearing

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SCBA President and Senior Advocate Shri Vikas Singh writes to the CJI for Resumption of Physical hearing.

The letter mentions several shortcomings and glitches as faced in the online hearing, particularly;

  1. The Right of the Registry to mute and unmute lawyers at will is completely contrary to the concept of open hearing. 
  2. The quality of voice and video transmission has not been upto the mark resulting in a lack of adequate communication between the Counsel and the Judges.
  3. Twice it has happened in my case that I appeared in a matter which was shown at a particular serial number whereas another matter was called out. I was not unmuted, and upon a mentioning made by a law officer during the same hearing, my matter was adjourned, thereby depriving me the opportunity to make submissions.
  4. There has been no mentioning in the Supreme Court because of the Technical glitches in virtual hearings since the Pandemic has hit, which has never been barred in the history of the Court.
  5. In batch hearings, all the appearing counsel often are not unmuted, thereby depriving them to make submissions.
  6. Even in the platform being used by the Delhi High Court, there is no Right reserved with the Registry to mute lawyers, and the Right to mute or unmute is exclusively vested with the counsel appearing in the Court.

The letter further places on record a sharp decline in the COVID cases, thereby suggesting a possibility of resumption of offline hearings. Also, the Home Ministry's notification is relied upon to indicate a change in the attitude of the Government towards public gatherings amid the present Pandemic.

"The Younger members of my Bar are suffering greatly due to the current virtual system coupled with truncated listings, hence now, in the view of the fact that we have practically overcome the pandemic, at least in Delhi, there is no justification for continuing with the same system and full physical court hearing ought to resume at the earliest in the larger interests of the Bar," the plea states.