Status of physical hearings in courts across India: Where are we at?

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With reduction in number of COVID cases, Courts have gradually started to resume physical hearings. The Delhi High Court in its notification, yesterday, has decided to resume physical functioning of the District Courts from August 24 and the High Court from August 31.

On August 18, Chief Justice NV Ramana, while asking Senior Counsel Mukul Rohatgi to fix his WiFi connection, hinted at resumption of Physical hearing within 8-10 days. The Court was hearing plea by Indian Broadcasting Foundation challenging Bombay High Court order upholding TRAI’s New Tariff Order.

The onset of COVID although got us equipped with greater technological literacy, relevance & necessity of Physical hearings can never be denied. Supreme Court Bar Association, on several occasions made representation to the CJI highlighting difficulties faced by young members of the Bar, after which the Court had decided to take up physical hearings from March 15, 2021 on experimental basis. Read here & here

However the same could not materialize given to the sudden resurgence of the Second wave.

The Bombay High Court has learnt to have resumed Physical Hearings from August 2.

The Punjab and Haryana High Bar Association has written to the Punjab and Haryana High Court to resume physical hearings at the earliest.

“Majority of members are in favour of physical opening of the courts considering the factum of drastic reduction in reporting of daily new COVID 19 cases. As on today i.e. 16.08.2021, only two cases have been reported and the number of active cases have been reduced to 43 in Chandigarh. Moreover, most of the members and court staff are vaccinated and are less vulnerable to contacting COVID disease,” the letter reads.

The Uttarakhand High Court is known to resume physical hearings from August 24, 2021.

“Hon’ble Court is pleased to direct that the Hon’ble Court will resume normal judicial work only through physical mode with effect from August 24, 2021, and no request for virtual hearing will be entertained by the High Court,” the notification says.

The Madras High Court by notification dated July 15, 2021, issued a set of directions relaxing the norm of virtual hearings.

“Final Hearing Cases will be heard in physical / virtual / hybrid mode. Appearance of Advocates, whose cases are listed, shall not exceed 6 in number at a time, in case of small Court Halls; and 8 in number at a time, in case of big Court Halls, subject to strict adherence to COVID-19 safety protocol, such as wearing of mask, maintaining social distancing etc., Till August 31, 2021.”

The Madhya Pradesh High Court has issued a Standard Operating Procedure, with effect from August 9, 2021, switching to a Hybrid Model of hearing with an option of appearing either physically or virtually.

The Allahabad High Court commenced physical hearing of cases at both the benches (Allahabad & Lucknow) from July 14.

The Jammu & Kashmir High Court took up physical hearings from July 5, 2021.

Read related segments here:

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