Physical Hearing creates chaos at Courts in Capital

Bombay court - law insider

Shivangi Prakash-

Published on: September 10, 2021, at 10:31 IST

Judges and Court workers are battling overcrowding in Courtrooms after District Courts in the Capital resumed partial physical hearings on August 24.

While some Courts can impose social segregation, others are overburdened.

The judge’s repeated demands to follow social distancing fell on deaf ears at Patiala House Courts, Tis Hazari District Courts, Karkardooma District Courts, and Saket District Courts.

More than 20 lawyers who were not involved in the case were present at one such hearing. Some only fled when the Judge threatened to hold the rest of the hearing in his chamber.

In another case in the Saket Court, all those whose cases were scheduled to be heard by a judge that day were present in the Courtroom with their lawyers, with more than ten of them being represented by lawyers.

With the addition of Police Officers, Court personnel, and the Public Prosecutor, it was a veritable crowd.

According to senior advocate Rebecca John, “Not all Courts are overcrowded, but I have certainly gone to some Courts that are crammed.”

Despite multiple orders from the High Courts for Trial Courts to exercise their power of exemption, the latter appeared unwilling to do so, according to the senior counsel. “This is a serious problem. You cannot open Courts without taking into account the potential for overcrowding and its impact on the spread of the virus” said John.

Enforcement Directorate cases, according to Advocate Vijay Aggarwal, generally involve defendants in the double digits and therefore said “A Courtroom with 10 clients and 10 lawyers besides the others and social distancing goes for a toss,”

According to attorney Manoj Taneja, presiding officers in Courtrooms are held to a high standard in terms of Covid-appropriate behaviour and said “The presiding officer is expected to control the crowd, including the lawyers and litigants.”

Advocate Manish Bhadauria agreed with the Courts that only those lawyers whose cases were being heard should be allowed to enter.

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