(Judicial Quest News Network)
Senior Advocate Rajiv Nayar has written a letter to the Chief Justice of Delhi High Court which has recently announced the 11 benches to resume the physical hearings from 18 of January.
Nayar has expressed that “With a heavy heart I am Constrained to write to you again that the latest roster of physical sitting of courts has been released today, which mandates that a total of 11 benches of the Hon’ble High Court would sit daily to take up matters physically.”
In his letter he said that the present decision to increase the number of benches to be a decision taken in haste, without proper consultation with the stakeholders and medical experts.
It is alleged that this decision is prompted at the instance certain sections of the non-practicing bar- who have the sole agenda of garnering the votes through such campaigns.
It is also questioned by Nayar that “when the present system of virtual hearing is working so well then why is it necessary to expand the physical hearings?
“The present system of virtual hearing is working wonders and has been hailed as one of the best systems in the Country. The judges of the Hon’ble Supreme Court have been citing examples of our Court as a bench mark for virtual hearing and have urged the Supreme Court registry to adopt the same system as being used by our Court. Recently, on a plea for resumption of physical hearing in the Hon’ble Supreme Court, the Chief Justice of India was reported to have remarked that “virtual hearing as good as open court hearing”. The Chief Justice of India has further remarked that “fatalities will increase if courts open for physical hearing”.
It is also brought into the notice of the Court that Apart from the health concerns, physical hearing would result in an anomalous situation where a lawyer might be compelled to appear on the same day in a physical hearing in one court and virtual hearing in another court.
“It would only mean that the lawyer would have to spend longer than usual within the court premises and use the facilities in the court premises for his virtual hearings as well”.
Nayar has urged in hi letter that if not a full roll of back of the notification then consider a hybrid system where lawyers can appear simultaneously in physical and virtual hearings like adopted in Karnataka,Rajhastan and Kerala