SC rules out physical hearings for now, to take a call in 4 weeks

nNEWDELHI: Resumption of normal court proceedings could jeopardise the health of those who will attend them including judges and lawyers, Chief Justice of India (CJI) Sharad Arvind Bobde said on Wednesday, hinting that physical hearings at the Supreme Court might not resume for the time being. The CJI also said a seven-judge administrative committee will decide in four weeks whether or not regular hearings can restart.

The remarks were made during hearings of two separate matters including a petition filed by Bar Council of India (BCI) highlighting the financial crunch faced by lawyers after the shutdown of courts due to the Covid-19 pandemic. The other matter relates to the reservation in promotions. “Resumption of normal court proceedings jeopardizes all those who attend court - judges, lawyers and all those who attend court. Medical advice is to not start resumption of court immediately. Nonetheless, we find it is not possible to ignore the plight of lawyers,” the CJI said while hearing the BCI case.

The court then took up suo motu a case for extending financial assistance to lawyers and issued notices to all high court and the Supreme Court Bar associations to examine the feasibility of setting up a relief fund to support the deserving lawyers.

“We issue notice to all recognized HC (high court) and SC (Supreme Court) Bar Associations to show cause why a fund for relief of deserving and eligible lawyers should not be set up and further to enable them to invite donations from own members or legitimate sources,” the court said. Notices were also issued to the Centre and high courts.

Later in the day, while hearing the case on the reservation, lawyers appearing in the matter requested the CJI to hear the case in open court and not via videoconferencing. The CJI then said the seven-judge committee will review the situation to take a call on whether or not physical hearing should resume.