Alka Verma –
Published on: November 24, 2021 at 18:00 IST
A total of 114 practicing lawyers have filed an Intervention Application in the Supreme Court through which they have requested the Court to completely resume the physical hearing.
A Bench comprising Justices LN Rao, BR Gavai and BV Nagarathna accepted the Application today and listed the matter on 6th December, 2021 for further hearing.
The lawyers who are also the members of the Supreme Court Bar Association, has asked to resume the process that was prevailing prior to March 16, 2021.
“Traditionally the administration of justice requires hearing the cases and complaints of the litigants through their legal representatives/advocates and by the Judges in open courts. Open Courts refer to proceedings conducted before a Court of law in full public view,” stated the Application.
In the Application, the Applicants have also mentioned about various sections which states that trial of all civil and criminal cases to be in Open Court, including Section 153B of CPC, 1908 and Section 327 of CrPC, 1973.
Adding to this, the Applicants has also stated that though the Apex Court is trying its best to revert back to normalcy, however, Petitions are being filed to disturb these attempts.
Moreover, in the said Application the problem faced by Advocates while conducting any physical hearing is also mentioned.
“Even though the virtual system of hearing did provide an ephemeral effective alternative to the justice delivery system in India during the pandemic, it would need serious structural changes to effectuate its continuity in India,” states the Application.
At last, talking about the disadvantage of virtual hearing, the Applications also stated that junior members miss this opportunity to observe their senior voicing their arguments and court craft skills.
It should be noted here that the Application is filed against a Writ Petition filed by All India Jurist Association requesting to declare virtual court hearing as a Fundamental Right.