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Supreme Court of India requires the consent of lawyers and the Party-in-person in order to resume physical hearings

Team SoOLEGAL 3 Jun 2020 3:04pm

Supreme Court of India requires the consent of lawyers and the Party-in-person in order to resume physical hearings

Taking into account the increasing demands for physical hearings to be resumed, the Supreme Court on Monday, 1st June, 2020 stated that in order to resume the same it would need the mutual consent of Advocates and the Party-in-Person.  The Supreme Court has sought written consent from the respective parties and advocates to examine the feasibility of the procedure with regard to the COVID-19 situation.

The circular notifying the guideline stated, “In view of the request received from various quarters and in order to explore the feasibility of physical appearance of advocates in the court, while adhering to social distancing norms, it is hereby notified to all the advocates and party-in-person to give their joint consent for physically appearing and arguing in court”.

Furthermore, the Supreme Court Advocates on Records Association (SCAORA) has sent a letter to CJI Bobde requesting him to resume the physical functioning of the Courts from July, 2020.

The said letter stressed that the Open Court proceedings of the Indian justice system are the foundation of law, and that virtual courts are not a suitable replacement for physical courts. Video conferencing also drew attention because of the 'practical challenges' lawyers are facing in the electronic filing and hearing of the cases. The letter claimed that about 95 per cent of lawyers are unfamiliar with the hearings over the Virtual Courts because they are not well equipped with computer softwares.

Previously, on April 28th, Bar Council of India had urged the CJI Bobde to not pursue the scheme of E-filings and Virtual headings post-lockdown. The BCI stated, “There is humongous difference in the technical knowhow of persons often according to age gap, and often according to difference in mode and manner of education, and resources and technology available from place to place”.



Tagged: Supreme Court   physical hearings   COVID-19   SCAORA   CJI Bobde   Indian justice system  
Did you find this write up useful? YES 4 NO 0
Chelladurai   5 Jun 2020 6:51am
Party in person
Reply
Chelladurai   5 Jun 2020 6:51am
Party in person
Reply
Chelladurai   5 Jun 2020 6:51am
Party in person
Reply
Chelladurai   5 Jun 2020 6:51am
Party in person
Reply
Chelladurai   5 Jun 2020 6:51am
Party in person
Reply
Chelladurai   5 Jun 2020 6:50am
Party in person
Reply
Chelladurai   5 Jun 2020 6:50am
Party in person
Reply
Chelladurai   5 Jun 2020 6:50am
Party in person
Reply
Advocate RS Rana Legal Help   3 Jun 2020 11:50pm
Court s work must be resume by physical appearance.it is necessary for lawyers and litigants
Reply
Advocate RS Rana Legal Help   3 Jun 2020 11:50pm
Court s work must be resume by physical appearance.it is necessary for lawyers and litigants
Reply
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