“Opening Courts now like Strolling on the Lip of an Active Volcano”: Senior Advocate Nidhesh Gupta writes Letter to CJI

Senior Advocate Nidhesh Gupta has urged the Supreme Court through a letter to the Chief Justice of India, SA Bobde, that courts should not be opened at this stage as it's still “early” and that the situation is such that even if one person is infected then the chain of interaction would ensure that the court premises is contaminated..The senior lawyer in his letter to the CJI has noted that there already has been criticisms of various “religious, political and other ceremonies in India and abroad” which have “thwarted the benefits of lockdown and social distancing”. Thus, the letter states that the repercussions would be inconceivable if the COVID-19 pandemic spread in the court premises. .When Judges, lawyers, Court staff and clerks will come to Court, they will obviously be touching desks, door knobs and even sitting in close proximity. The senior lawyers will be sitting next to his junior assisting counsel and the Clerk will be handed over the file at the end of the matter. Similarly, the Judges will have to come in contact with the Court staff. The Court files will also be touched by various persons. Even if one person is to get infected in this chain and were to pass on that infection and contaminate the Court premises, it is frightening to visualize the repercussions which will flow therefrom.reads the letter to CJI.Senior advocate Gupta states that the nature of the new Coronavirus is “work in progress” and the three or six feet distance too is no more conclusive.“The determination of the nature of the new Coronavirus is still a “work in progress”. In a recent study of an investigation (which was published this Friday in “Emerging Infectious Diseases” a Journal of the CDC), it was stated by researchers led by a team at the Academy of Military Medical Sciences (AMS) that although the most heavily concentrated virus was found in the floor of the wards, perhaps because of gravity, high levels of the virus were also found on various surfaces like computers, trashcans, railings, door knobs, etc,” reads the letter to CJI.Gupta has also drawn the CJI’s attention to countries where the virus had been largely controlled and which had opened up to some extent and how there has again been an increase in the number of positive cases. For instance, China’s new Covid19 cases have risen to a six week high as per the latest data made available on April 12, 2020 when new cases above 100 were reported..Senior lawyer Gupta has suggested that when situation becomes “normal” and courts reopen, a couple of these pointers could be kept in mind:Only those lawyers who have Court cases should be permitted to enter the Court premises. There should be a restriction of having only one junior advocate and clerk accompany a senior advocate. No clients should be allowed inside Court premises.If technology permits, then have rapid testing facilities available at the entrance to check whether persons entering a Court room are infected or not. Similarly, thermal scanners be provided for checking whether those entering Court premises are having fever or not.Staggered hearing be conducted of only limited matters on a miscellaneous day. Five cases be stipulated for every half an hour and only the lawyers whose cases are being heard should enter the Court premises. On other regular hearing days, only a few cases be posted for hearing with only the concerned advocate whose case is being heard being present in the Court premises. Adequate arrangements will be required to be made for advocates to be able to stand in the shed outside in the summer months since it would not be advisable for advocates to be sitting in close proximity in bar rooms while waiting for their cases. Hand sanitizers be made available inside and outside the Court room..[READ LETTER TO CJI]