Umamageswari Maruthappan
The Supreme Court said that the plea against reopening physical courts in Delhi will be considered on 20th January 2021.
The Bench comprising CJI S A Bobde and Justices L Nageswara Rao and Vineet Saran also advised the petitioners to first move to the Delhi High Court “to address their grievances” as ordinarily, the Apex Court does not interfere with the administrative decisions of the High Court Chief Justices.
Adv. Kapil Sibal, in response to the CJI’s statement, requested the Apex Court to pass an order to make physical hearings optional and to continue with the virtual proceedings till the matter’s pendency before the Delhi High Court, if the Apex Court is redirecting the petitioners to address the High Court.
To this, the Bench said that it will consider the matter on 20th January 2021.
Advocate Anjana Prakash requested the Apex Court to also take the petition filed by a group of women advocates against Delhi High Court’s notice on resumption of physical hearings.
Five Women Advocates Amrita Sharma, Saumya Tandon, Padmapriya, Ashmita Narula and Shivani Luthra filed a petition against the High Court’s order stating that virtual hearings have allowed them to take care of proceedings as well as their children.
“If the Impugned office order are given effect to without the option of virtual hearing, then such lawyers shall be constrained to choose between their professional duties and taking care of their young children, or worse be constrained to expose themselves, their children as well as vulnerable members of their families to Covid-19 as the Impugned office order leave them with no alternative,” the plea read.
Earlier, on 16th January 2021, Advocates Kartik Nayar, Nancy Roy, Sachit Jolly and Amit Bhagat challenged the notification (dated 14th January 2021) passed by the Delhi High to resume physical hearings on an alternate day basis from 18th January 2021.
The contention was that such order was passed without giving a choice to lawyers between virtual and physical hearings. This, they stated, “is in utter and complete disregard of the life, health and well-being of the practicing advocates, litigants, in addition to being bad in law and violative of fundamental rights of the advocates and other personnel.”
Nevertheless, the Delhi Courts have begun to take physical proceeding of cases from 18th January 2021.