COVID-19 spike: Bombay Bar Association requests Bombay High Court Chief Justice Dipankar Datta to conduct court proceedings in hybrid format

The Bombay Bar Association (BBA) has requested Chief Justice Dipankar Datta of the Bombay High Court to provide a platform for conducting court proceedings on virtual hybrid format on account of the recent spike in COVID-19 cases in Mumbai..A representation regarding the same was sent to Chief Justice (CJ) Datta on March 27 requesting that lawyers should be given an option to appear through video conference so as to safeguard and protect Bar members and public at large. ."The lawyers should at least be given the option to appear virtually. This will reduce the footfall in the Court premises and curb the possible spread of the virus infection," the letter to CJ Datta said. We hope that this request made pursuant to requests received from a large segment of the Bar will receive urgent and favourable consideration, it added. .At the administrative committee meeting which was held on March 19, 2021, the members of the Bar had made a request to consider the "feasibility of virtual and physical court" since COVID-19 cases were on the rise. .The committee deemed it fit to first monitor the situation for 2 weeks considering there would be only seven working days and then revisit the situation.In the meantime, the entry of clients was to be prohibited unless specifically required by the Court. .However, the members noted that in the past week, there had been an exponential rise in the number of COVID cases, in excess of 5,000 everyday in Mumbai. "A large number of advocates have tested positive for Covid-19. We have been given to understand that a number of Court staff and some of our Hon’ble Judges have also been infected," the representation pointed out. .The members raised concerns over the rising crowd in the courtroom and the high density of people attending the Court. "In some of the Courts, due to very heavy assignment and small court rooms, lawyers virtually stand shoulder to shoulder," the letter further said. .It also highlighted how the members of the National Company Law Tribunal (NCLT) and Debt Recovery Tribunal were found to be Covid positive leading to a disruption in the normal functioning of the said Tribunals.Further, BBA's canteen staff was also tested positive for Covid following which the BBA premises had to be closed and sanitised. ."One of the canteen staff member of the Bombay Bar Association also tested positive for the Covid- 19 virus, following which BBA premises were closed for the day and had to be sanitized by the High Court administration. Numerous law firms have informed the members of the BBA that their juniors, staff and office personnel have tested positive in significant numbers. Some of the firm's have closed their offices," the representation stated..The Bar was approached by several members who expressed their concern on the continued physical hearing. They requested that at least a hybrid format option could be provided to the lawyers; considering such option was operating smoothly in some of the court rooms of the High Court. .The member submitted that a hybrid system was functioning in the Nagpur, Aurangabad Benches of the Bombay High Court and various other high courts in the country.Even the Supreme Court has opted for an experimental hybrid format for hearing of cases effective from March 15, it was stated. .The representation concluded with a request for audience with the Chief Justice to explain the situation. [Read Representation]