Facilitate oral mentioning, withdraw circular barring AoRs from sharing virtual court links: SCAORA to SC

The Supreme Court Advocates-on-Record Association (SCAORA) has requested the top court to facilitate oral mentioning through video conference and to withdraw a November 6 circular barring lawyers from sharing links to virtual courtrooms. .In a letter written to the Secretary General of Supreme Court on Monday, the SCAORA has highlighted the difficulties faced by lawyers to be visible or be heard during the video conference hearings, owing to the fact that virtual hearings are under the control room's leash. These control rooms, managed by court staff, take the final call on muting and unmuting the audio and video of anyone participating in virtual hearings.The letter states that there have been a lot of incidents when lawyers have not been unmuted even when their turn to argue a case had come. .Importantly, SCAORA has also highlighted the lack of a mechanism to facilitate oral mentioning in video conference hearings. The letter states that it has been eight months since virtual hearings began but no facilities have been put in place yet for either oral mentioning or for lawyers or their junior to watch court proceedings in order to "enrich their knowledge and experience.".Besides urging the court to withdraw the November 6 notification, the SCAORA has also requested the court to issue a separate Standard Operating Procedure (SOP) so that oral mentioning could begin. A request has also been made to generate an additional link to enable access to AoRs/Advocates to view the proceedings. .On November 6, Supreme Court had issued a circular warning Advocates-on-Record (AORs) and in-person petitioners against unauthorised sharing of video conference links to virtual court hearings.The court had cautioned concerned AoRs and in-person parties of adverse consequences if the rules laid down by the court with regard to sharing of links are violated..As per the SOP issued by the apex court on July 4, only two appearance links and one viewing link is provided to each litigating party. Besides this the sharing of screen is also prohibited unless permitted by the Court.“However, it has been observed that the Advocates-on-Records are sharing the links, provided to them for video conferencing, with more than two advocates to appear before the Court during the course of proceeding. It has also been observed that Ld. Advocates are addressing the Court in the matters not listed for hearing on that day,” the November 6 circular stated..Such sharing of video conference links or sharing of screen, the circular said, is violative of the SOP, is unauthorised, and creates hindrance in the proceedings of the Court.“Therefore, it is hereby reiterated to all the Advocates-on-Record, parties-in-person, and all other concerned, that in future there should not be unauthorised sharing of link/ screen without permission of the court, for the hearing of a matter through Video Conferencing mode in violation of the July 4 SOP. Any breach or violation of above directions in future may invite adverse consequences against the Advocate-on-Record/party-in-person, or any other concerned person responsible for the abovesaid violation,” it said. .[Read SCAORA letter]