BCI Chairman M.K.Mishra Urges CJI to start physical functioning of Courts from 1 Jun.
(Judicial Quest News Network)
The Bar Council of India through its letter addressed to Chief Justice of India (CJI) SA Bobde, has urged to issue appropriate directions to all Courts across the Country to resume physical court hearings from June1, 2020.
Chairman of BCI Mr Manan Kumar Mishra has stated in his letter that BCI has consulted and taken opinion of the State bar Councils and majority of the Bar Associations directly or through the State Bar Councils and/or through the members of Bar Council of India, representing each State Bar Council in the Bar Council of India.
Mishra has conveyed the reservations and grievances of Advocates regarding the prevalent practice of virtual hearings. Through a letter dated May26.
This letter is in the continuation to earlier letter dated 28-4-2020 on the issue of working of courts in the present lockdown situation resulting from Covid-19 pandemic.
He further states that the virtual courts are only accessible to a few lawyers, which leaves 95% of the fraternity brief-less, or without work.
Mishra has pointed out that the Supreme Court, High Courts and lower courts across the country have been functioning in a restricted manner, wherein only urgent matters are being listed before virtual courts.
He has further apprised the CJI that with the respect of even those matters which ought to be listed, several complaints suggest that not all requests for listing have been entertained adequately.
Mishra mentioned in his letter that only 2% of the are getting the matter listed for VC hearing and only handful of privileged class advocates are beneficiaries of this VC hearing system resulting in access to justice through virtual courts remains a distant dream for more than 95% litigants.
Mishra says that “When about 95% matters are languishing in courts without any hearings it further means that almost 95% Advocates are without any court work and court appearances these days. It naturally indicates that almost as many Judges as well, have no court work these days and their valuable time is left underutilized now a days as they are either sitting at home or in court chambers and not able to attend to judicial work.”
In the present situation different Bar Councils have received lakhs of applications for financial assistance from needy advocates. Bar Councils with their limited resources, have responded and done their bit to help such Advocates most of whom are young and/or needy advocates, but, this system can’t go on for long as bar Council don’t get any state grant.
Mishra states that virtual hearings may be considered only for those who are at great risk the Corona Virus, on account of age or medical health.
[Read Letter]
