Lawyers write to CJI for resuming regular physical court hearing

Several lawyers wrote to Chief Justice of India S A Bobde seeking to resume regular physical hearing in the courts saying that the virtual hearing system has failed to adequately serve

Several lawyers on Wednesday wrote to Chief Justice of India S A Bobde seeking to resume regular physical hearing in the courts saying that the virtual hearing system has failed to adequately serve as the affective justice delivery system.

In a letter sent by the members of Supreme Court Bar Association (SCBA), the lawyers also said they are suffering for about last ten months amidst this pandemic.

While contending that the the virtual functioning of courts system has more lacunaes than its benefits, the letter said "the virtual hearing system has failed to serve adequately as the affective justice delivery system."

Needless to say many of your lordships have expressed their annoyance regarding the effectiveness of this mechanism, it said.

The letter said that the members of the SCBA feels helpless because they have no accessibility to the judges, which they used to have earlier, to express their concerns before the judges.

Your Lordship is very much aware of this fact, that most of the members practising before this court are from diverse states and stay here on rent, but due to this pandemic condition and online system of this court, many of them are compelled to leave Delhi and their practice too.

This is also an undisputed fact that majority of members of this Bar are not well versed with this virtual system due to which they are suffering the most and also defeating the purpose of justice system, it said.

The letter pointed out various problems including network connectivity issues, no proper management by the Registry regarding virtual hearing, no response to the calls by the dealing officers in hand mentioning branch and dismissal of mentioning of urgent matters by the mentioning branch without providing any for the same.

More than 50 per cent of young practitioners of this Bar have been constrained to leave Delhi as they were unable to meet out their living expenses. Members staying in Delhi NCR, and practising before this Court have huge effect on their earnings due to which, either they have to depend on their family or on odd jobs, it said.

It further pointed out that all government as well as private sectors and offices, malls, marriage halls, movie halls, temples, election rallies, airports and train services etc. have now started working not only in Delhi but throughout the country

However, the members of this Bar are deprived of this privilege, it said.