Reconsider decision to resume physical hearings: Senior Advocate Rajiv Nayar to Delhi High Court Chief Justice

Senior Advocate Rajiv Nayar has written to Chief Justice of Delhi High Court urging him to reconsider resumption of physical hearings in the High Court which are slated to commence on January 18. .Nayar in his letter has expressed deep "pain" at the manner in which the High Court arrived at the decision to force lawyers to appear physically before the High Court despite the Covid-19 threat persisting. ."The latest roster of physical sitting of courts has been released today, which mandates that a total of 11 benches of this Hon’ble Court would sit daily to take up matters physically. The roster also notes that ordinarily no request for virtual hearing would be taken up for matters listed for physical hearing.. As a regular practitioner and senior member of the Bar, it deeply pains me that regular practicing advocates have no say in the manner of functioning of this esteemed Court and we are being “forced” to appear in matters despite the threat of the virus looming large on all of us," the letter reads..Eleven Benches of Delhi High Court to hold physical hearing from Jan 18; Lower courts to function physically on alternate days.Nayar has stated that the decision to increase the number of benches for physical hearing appears to be taken in haste, without proper consultation with the concerned stakeholders and medical experts. .The decision appears to be prompted at the instance of certain sections of the non-practicing bar – who have the sole agenda of garnering votes through such campaigns, it has been added. .The decision appears to be prompted at the instance of certain sections of the non-practicing bar – who have the sole agenda of garnering votes through such campaigns.Senior Advocate Rajiv Nayar.Nayar has asserted that there is no room for laxity at present considering the fresh surge of cases in several countries, new strains of the virus and significant amount of fresh infections in Delhi each day. ."Notwithstanding the fact that the situation in the national Capital has improved, one cannot rule out the possibility of fresh infections being contracted as a result of lawyers, litigations, court staff and support staff coming in contact with each other. With vaccinations around the corner, it would be advisable to wait for another 2 – 3 months till the said process starts," the letter suggests. .Nayar has also questioned as to why the physical hearings have been expanded when the present system is working so well. ."The present system of virtual hearing is working wonders and has been hailed as one of the best systems in the Country. The judges of the Hon’ble Supreme Court have been citing examples of our Court as a bench mark for virtual hearing and have urged the Supreme Court registry to adopt the same system as being used by our Court...The intermingling of an increased number of lawyers, court staff, clerks, and litigants poses an increased risk of the spread of infection, as also noted by the Chief Justice of India,", the letter reads. .Apart from raising health concerns, Nayar has also highlighted that resumption of physical hearings would result in an anomalous situation where a lawyer might be compelled to appear on the same day in a physical hearing in one court and a virtual hearing in another. ."It would only mean that the lawyer would have to spend longer than usual within the court premises and use the facilities in the court premises for his virtual hearings as well.Many of our colleagues do not have access to chambers and as such how would they attend their hearings, is a question that needs serious thought. There are various connectivity problems and issues in the High Court as well as District Court, which are also a huge cause for concern," he has pointed out..In view of the above, Nayar has urged CJ Patel to adopt a hybrid system where lawyers can appear simultaneously in physical and virtual hearings. .[Read Letter]