Create new system to hear more cases during lockdown: lawyers tell Delhi HC

With several lawyers backing for courts to function during the lockdown, the Bar Council of Delhi (BCD) has written to the Delhi High Court Chief Justice requesting

With several lawyers backing for courts to function during the lockdown, the Bar Council of Delhi (BCD) has written to the Delhi High Court Chief Justice requesting for a system where more hearings can take place in matters to obviate public suffering.

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KC Mittal, chairman of the BCD, says that video conferencing is not feasible for many lawyers and that such wide infrastructure did not exist. He said that several lawyers have written to him to get the courts functional due to financial constraints.

“We know many (people) are languishing in jails. They are not able to approach the court for bail, and in many cases, where application were moved prior to lockdown, are pending consideration, but not being listed. There are many such applications where notices have been issued to state, but are not being taken up and consequently, the person remains incarcerated. Similarly, in other matters, where urgent hearing is required, in cases of interim relief, matters are not being taken up,” he wrote to Chief justice DN Patel.

The BCD suggested that even if a regular hearing is not possible, some broad parameters and adequate protecting measures may be introduced to hold few courts, by restricting and regulating the entry of advocates through a protective mechanism in the courts so that minimum possible work can be undertaken.

“Since most of the advocates are not in a position to avail videoconferencing facility fully, it may also be considered to set up App or any mechanism to give effect to hearing in more matters,” it said.

In the wake of the Covid-19 pandemic, the Delhi High Court had suspended its work along with that of the subordinate judiciary. Most urgent matters are being heard by only a couple of judges through video conferencing.

Senior advocate Vikas Pahwa said that although the lockdown is understandable, it has paralysed the entire criminal justice system.

“We have to enhance the use of technology in the day to day functioning of the courts. Efforts towards this are being made, but they are not enough. More judges must hear the cases by videoconferencing. We must start hearing cases which are urgent (and not only extremely urgent). We have to liberalise the process of listing so that more cases are cleared for hearing. Our endeavour must be to achieve hearing via video conferencing by all the Judges at the earliest. The state government should also allocate more funds for upgrading the eCourts in Delhi,” he said.

Manish Bhadoria, a lawyer practising at the Karkardooma court, said that the opening of the courts with certain restrictions would ease the pressure of cases and would also help the advocates to be financially viable.

“A large chunk of the lawyers practising at the Karkardooma court are daily earning lawyers. Due to this lockdown, their problems have increased and opening of the courts might bring some respite to them,” he said.

“In the last 21 days of the lockdown, I have appeared in several bail matters of those arrested in the north-east riots. I visited the court 10-12 times for the hearing since getting a matter listed at the court is a tedious process. Even when it is done, the video conferencing happens only with the cell phones of the court staff who comes for the Duty Magistrate,” Bhadoria added.

Advocate Sanjoy Ghose, the additional standing counsel of the Delhi government, said that even though the courts should start functioning it might not be practically possible with the public transport not plying.

“Many lawyers, as well as the litigants, are dependent on public transport. The courts cannot function without the assistance of the court staff who would not be able to reach the courts. So it might not be viable to start the functioning of the courts even though several important matters are not being heard due to the lockdown,” he said.

Advocate Mahavir Sharma, chairman of the coordination committee of the Delhi District Courts, said that they would wait for the directive of the Delhi High Court and decide on the further course of action. The Delhi High Court is likely to issue an official statement in the evening today.

Meanwhile, a judge at the Rohini court complex heard matters over phone and dictated the order over the speaker of the phone since the parties did not have the video conferencing facility.