The Supreme Court Advocates on Record Association (SCAORA) has urged the Chief Justice of India SA Bobde to restore working of the Courts in a physical setting, from July 2020.
In a letter on Tuesday, SCAORA President Shivaji M Jadhav said that Open Court hearings are the spine of our system and that virtual courts are not a substitute for physical courts. The letter draws attention of the CJI towards the difficulties being faced by the lawyers in coping up with the system of the virtual courts.
The SCAORA president apprises the CJI that almost 90 percent of lawyers are not comfortable with the virtual court hearings and are unable to present their cases effectively via the virtual medium.
“In the matter involving several parties and appearance by many lawyers, not all lawyers are given a chance to speak and sometimes their mics are put on mute by the coordinator as a result of which their matters get heard in their absence,” the letter says, adding there are problems with audio and video quality of hearings, which results in the lawyers not being able to effective put forth their arguments.
The letter also highlights that there are still several lawyers who are outside Delhi/NCR and in their respective hometowns, who don’t have access to their files and thus unable to participate effectively in the virtual court hearings.
“Many times, when a senior advocate or arguing counsel appears, he/she is left to appear on their own. The AOR/briefing lawyer is unable to assist them effectively in this virtual medium,” says the letter.
The SCAORA president has also highlighted problems being faced by the lawyers in e-filing.
“Many times, all documents filed through E-filing are not available with the Bench. After filing matters, the registry takes its own time to scrutinize matters. Lawyers are having to follow up and give several reminders to the registry officials. The defect curing mechanism as well as the registration of matters are problematic areas that need urgent re-consideration.”
The association has also apprised the CJI about the financial crunch being faced by several lawyers due to the coronavirus induced lockdown.
“Most lawyers are facing severe financial problems during this pandemic, due to staggered working of Courts for the past three months.”
The letter adds that unless the normal functioning of Courts is resumed, the said concern will not abate.
Requesting the CJI to resume physical court hearings upon re-opening in July 2020 after summer vacations, the SCAORA letter also suggests several precautionary measures for the physical functioning of the court.
“The total number of matters be split into two slots, to be taken up before lunch and post-lunch. Every lawyer could be required to compulsorily leave the Courtroom after his/her matter is over. A limited number of lawyers per matter be allowed, such as only the concerned AOR with Senior Advocate or arguing Counsel and one junior lawyer.”
Apart from suggesting well-known precautions like sanitation, wearing masks; the letter further suggests that “the existing distance between the lawyers and Judges be increased. The quality and working of mics be improved so that lawyers can be heard even from a distance”.
SCAORA President Jadhav also appreciated the Supreme Court for its effort to provide access to justice in these difficult times of Covid-19 Pandemic, and expressed gratitude for the provision of the new E-Filing module software.