Bombay HC to start physical hearings from August 2

Physical hearings will be held three days in a week, while there will be virtual hearing on one day.

The Bombay high court (HC) administration committee on Thursday decided to restart physical hearings after the Brihanmumbai Municipal Corporation (BMC) and state authorities informed the committee that the number of vaccinations had increased and there was a reduction in number of Covid cases.

Bombay High Court.

Physical hearings will start from August 2 and will be held three days in a week, while there will be virtual hearing on one day.

Earlier in the day, citing the need to await the decision of the HC administration committee on whether physical hearings can be started, the court had adjourned hearing of a public interest litigation (PIL) which sought directions to the state and civic authorities to relax travel restrictions for fully vaccinated persons and to allow them to travel by all public transport modes including suburban local trains.

According to the statement released by the Bombay Bar Association whose representatives participated in the committee meeting, the committee has decided to start physical hearings of cases – a demand which was being made by lawyers also.

Physical hearings will be restricted to half days only and not be starting full-fledgedly in 11 districts namely Raigad, Sindhudurg, Ratnagairi, Sangli, Satara, Kolhapur, Pune, Nagar, Beed, Nashik and Palghar. However, the three-day physical hearing schedule will also be applied in Nagpur, Aurangabad and Goa.

The committee also decided to continue the hybrid system during physical hearings as well to enable advocates and litigants to appear virtually, if they so chose, and to permit litigants inside court rooms only if their presence is required.

The decision will come into effect from Monday, August 2.

The division bench of chief justice Dipankar Datta and justice Girish Kulkarni while hearing the PIL filed by Mohan Bhide, a chartered accountant and resident of Vile Parle was informed that in light of increase in the number of people getting double jabs, the authorities should be directed to permit such persons having valid Co-Win certificates to use all modes of public transport including local trains. The bench was also informed that another PIL filed on behalf of lawyers also sought similar directions.

Advocate general Ashutosh Kumbhakoni for the state government informed the bench that chief minister Uddhav Thackeray would be meeting the state Covid Task Force to review of the pandemic situation in Maharashtra and was likely to decide in this regard before evening.

In light of this as the HC administrative committee meeting was scheduled for Thursday evening, the bench adjourned hearing of both petitions and stated that it would pass orders after the committee took a decision.

“We hope they (state government) also decide on train travel. There are media reports that the government is thinking of permitting those who have got two doses of vaccinations to travel. We need someone to give us details on that meeting, as our (HC Administrative Committee) notice has to go out today. Let a decision be taken (by the government), then we will consider,” the bench had noted in the morning. The PILs will now be heard on Monday, August 2.