‘Trial courts should comply with Delhi HC order, can’t refuse virtual hearings’

The plea contended that despite the high court’s directions on holding hybrid hearings, subordinate courts were not complying with it

The Delhi high court on Wednesday observed that courts cannot refuse to give links of the virtual hearing to the parties as they are bound by its full court decision permitting trial courts to hold hybrid or video conferencing hearings at the request of parties.

The court had earlier said there was an apprehension of a rise in Covid-19 cases and directed that the infrastructure for hybrid hearings in district courts and other quasi-judicial bodies must be in place. (Picture for representation only)

A bench of justices Vipin Sanghi and Jasmeet Singh issued notices to the city government and the high court while hearing an application contending that district courts are not permitting hybrid hearings despite the notification from the high court. “High court has already issued directions. They are bound to comply with it,” the bench said.

The application was filed in a pending petition by two lawyers Anil Kumar Hajelay and Manashwy Jha seeking various prayers including conducting hybrid hearings in district courts on physical hearing days because of the Covid-19 threat.

The fresh plea has contended that despite the high court’s directions, the subordinate courts were not complying with it. Hajelay claimed that even when advocates are making such a request, permission was not being granted by some of the trial court judges.

Delhi government additional standing counsel Anuj Aggarwal said that he has also faced similar difficulties. Advocate Anurag Ahluwalia, who was representing the Delhi high court, said he would seek instructions in this regard.

The court listed the matter for further hearing on November 18.

The court had earlier said there was an apprehension of a rise in Covid-19 cases and directed that the infrastructure for hybrid hearings in district courts and other quasi-judicial bodies must be in place.