SCBA President Vikas Singh Writes to CJI NV Ramana, Seeks Changes in SOP For Physical Hearings

(Judicial Quest News Network)

The Supreme Court Bar Association (SCBA) president Vikas Singh has written to the Chief Justice of India (CJI)NV Ramana raising objections to the Standard of Operation Procedure (SOP) issued by the top court for such physical hearings.

In his letter Vikas Singh suggested that the restrictions related to entering the high-security area of the apex court should be lifted, as the Supreme Court has a distinct architecture, where the lawyers move from one court of another in a specious, non-Air-Conditioned area, having almost nil chances of infection.

He further submitted in his letter that SOP is a non-starter as our members would not like to take the option for physical hearing with so many conditions attached.

The restrictions should only be with regard to going inside the court room and not with regard to entering the high-security area.

The high-security area covers the corridors where lawyers wait for matters. It also has the large numbers of bar rooms, libraries, canteens where the lawyers can sit with the COVID-19 protocol in place. But the SOP prohibits the entry of lawyers to the high-security area without special passes which will, in turn, dissuade our members from applying for physical hearing.

Our clear suggestion is that entry to the high-security area should be permitted by the use of a proximity card and waiting areas would be the libraries and the lounges, where lawyers will wait on their own.

Regarding the number of people being limited to 20 in every courtroom, the SCBA said it is arbitrary as the size of the courtroom differs substantially. The number of the persons permitted to enter into the court room should be based on the size of a court and the number of 20 can be justified only in the smallest courtrooms.

The SCBA has maintained that though the bar is apprehensive about the third wave of COVID-19, the same will be immediately known either when the mutation of the virus takes place or if the number of cases suddenly start spiking.

We can take our call with regard to the manner of the functioning of the Supreme Court at that stage and the said fear does not justify restricting the functioning of the Supreme Court now the letter said.

The Secretary General of the Court had issued a Standard Operating Procedure (SOP) for physical hearing in the top court.

“With a view to gradually facilitate resumption of physical hearing, the final hearing/regular matters listed on non-miscellaneous days may be heard in the physical mode (with hybrid option), as may be decided by the Hon’ble Bench, considering the number of parties in a matter as well as the limited capacity of the Court rooms; further, any other matter may be heard in physical mode on such days, if Hon’ble Bench directs likewise. All other matters, including those listed on miscellaneous days shall continue to be heard through video/teleconferencing mode; “The SOP Said.

Importantly, the SOP said that in any such matter listed for physical hearing (with hybrid option), all counsel appearing for one party can appear either through physical mode or through video/teleconferencing.

The letter further pointed out that “Experts has opined that India is reaching a stage where there is a low level of transmission, unlike exponential growth and peaks that we saw a few months ago the endemic stage reached when a large section of the population becomes immune to a disease-either through vaccination or through antibodies acquired from prior infection. At this stage the spread of the disease starts to slow down, and the rate become predictable

 Thus, after an experiment of one week or so we must, we must start physical hearing to restore normalcy in the Supreme Court. With 9 new Judges being sworn in on 31 August we can have fifteen courts functioning.

The Supreme Court being the apex court should be the guiding star for resumption of normal work in courts in the country as the High Courts and lower courts look upon us for such guidance.

The letter further points out that “it is pertinent to mention that the city has opened up completely and eased restrictions amid a fall in its COVID-19 caseload.

He further added that every disease pathogen that has affected people over the last several decades stays in some form or other as it is impossible to fully eradicate them.

Similarly, COVID-19 is not going to end completely but we will have to learn to live it and be proactive.

[Read SCBA Letter to CJI]