"For some, mobile is last resort:" SCAORA requests CJI to allow use of mobile phones to join virtual hearings

Following the January 17 notice issued by the Supreme Court urging the lawyers and in-person petitioners to join virtual hearing before it via laptop/desktop, the Supreme Court Advocates-on-Record Association (SCAORA) has made a representation to Chief Justice of India NV Ramana to direct the Registry to not insist on a particular kind of equipment or connectivity to join court hearings..A representation to this effect was made by Joseph Aristotle S, Secretary of SCAORA on January 18, stating that despite previous representations, the SCAORA was never consulted prior to issuance of such notice by the registry.In view of such notice, SCAORA has called attention of the CJI that it has received multiple requests from the members of the Bar stating that the COVID-19 pandemic has severely affected a majority of the lawyers financially and many lawyers have lost their regular practice and have been compelled to move back to their hometowns to avoid expenses of their offices and residences.Moreover, the representation stated that many lawyers who had travelled during the winter vacation to their hometowns have still not returned due to the sudden upsurge in COVID-19 cases.The association in its representation also highlighted that most of the members including the junior members of the Bar appear through mobile phones due to its availability and as the connectivity is not dependent on any other factors like WiFi, power backup etc."In fact, for some lawyers, mobile is used as a last resort whereas for some it is the only resource. Advocates who join via a desktop/laptop, with wired connectivity also use mobiles to join the VC hearings when multiple cases are listed on the same day, power cuts, etc.," the representation stated.The representation pointed out that there are even instances of glitches in the top court's connectivity that may require consideration."Hence the registry may not insist on a particular kind of equipment or connectivity to join the court hearings through VC. The Bar and Bench being two wheels of justice have always come together to ensure uninterrupted access to justice for all," the Bar body urged the top court. .On January 17, the Supreme Court had issued directions to avoid disruption in the court proceedings and inconvenience to the judges and had asked the lawyers appearing before it to join virtual hearings via laptop/desktop with a stable internet and connection and to avoid using mobile phones for the same.Lawyers were also advised to join virtual hearings through a single device and to preferably use a headset-enabled microphone and audio system..Prior to the issuance of this notice, on January 17 itself, Chief Justice of India NV Ramana led Bench had expressed its frustration at advocates appearing for virtual hearings through their mobile phones.The apex court said how ten matters had to be adjourned for the day (on January 17) because the judges could not hear or see advocates appearing through their mobile phones. Justice Hima Kohli, who was also on the Bench, said that the judges did not have the energy to hear cases in this manner.During one such instance, the Bench said,"Lawyers are appearing from their mobile phones and are not visible. We may have to ban this mobile business...Mr counsel, you are now practicing in the Supreme Court and appear regularly. Can't you afford to have a desktop to argue?".[Read SCAORA Representation]