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Begin physical functioning of courts & commence hearings from 1st June: BCI Chairman Writes to CJI

Team SoOLEGAL 27 May 2020 5:21pm

Begin physical functioning of courts & commence hearings from 1st June: BCI Chairman Writes to CJI

The Chairman of the Bar Council of India (BCI), Manan Kumar Mishra, has urged India's Chief Justice SA Bobde to issue directives to all courts to resume physical open court hearings as of 1st June 2020.

After taking consultations with State Bar Councils and a number of bar associations around the country, Mr. Mishra expressed the advocates' concerns and complaints about the prevalent pattern of virtual hearings, by a letter dated 26th May.

Mr Mishra pointed out that the Supreme Court, High Courts, and most lower courts throughout the country are apparently working in a restricted manner, with only urgent matters listed in virtual courts. He further told the CJI that some reports indicate that not all requests for listing have been properly entertained in respect of even those matters that should be listed.

As a result, he says, only certain fortunate lawyers are beneficiaries of virtual trials, while an overwhelming majority of lawyers are left without jobs and therefore unable to support livelihood. The new court functioning plan, by virtual trials, gives little respite to those dissatisfied supporters, the chairman of the BCI argues.

He stated, “The cases of only a few fortunate persons are being fixed, the kith and kin of only a few have earned huge money during this lockdown in almost all the High Courts. Such messages are pouring regularly in BCI.This has caused great loss to Common Advocates and there is a resentment developing among 95% of Advocates in almost all Courts.Therefore, we are bringing all these harsh facts to the knowledge of our Apex Authority. Almost same is the case with Supreme Court Advocates.”

The letter by the Chairman of BCI, Manan Kumar Mishra stated. “Our view is that virtual court cannot displace and replace traditional courts even partly due to lack of knowledge and training in technology, lack of technological infrastructure and also due to law and procedures of dispensation of justice in trial matters, which, as we said, occupies a space of 80% in the litigation spectrum in India."



Tagged: BCI Chairman   Bar Council of India   Manan Kumar Mishra   Chief Justice SA Bobde   bar associations   Supreme Court   High Courts  
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