H.C. to resume full physical hearing from today.

The Delhi High Court on Monday resumed full-body hearings of all its benches, as it restricted the functioning of the courts due to the outbreak of the COVID-19 epidemic.

In addition to a full physical hearing, the High Court will also consider the request of the parties to engage in court proceedings through videoconferencing in “exceptional cases”.

This hybrid form of hearing is one, where some parties or their lawyers may physically appear in court when the case is taken up by the court for a hearing, while others may participate via an online mode.

Judges’ discretion

“As exceptional cases are formed, it has to be left to the discretion of the judge / judges, whose first cases are listed, and against whom a videoconference hearing has been requested,” the High Court said.

The High Court also said that it would be appropriate that such a request be allowed to be made at least one business day in advance, so that it would be considered by the judges and a decision well communicated to the lawyers and the parties in advance to be done.

The Senior Counsel appearing on behalf of the Co-ordination Committee of Delhi High Court Bar Association, Bar Council of Delhi and All District Bar Association has supported the resumption of physical hearing from Monday and supported the decision that the hearing The hybrid system should only be allowed in “exceptional cases”.

After the first nationwide lockout, the court began hearing through video conferencing from March 24 last year to prevent the spread of the virus.

Five months later, the High Court resumed the physical hearing of the court proceedings with its five benches on rotation basis from 1 September. The number of benches holding physical hearing was gradually increased.

“Given the fact that the number of COVID-19 cases has dropped significantly, more and more services and facilities have been opened in the last few months, including schools, colleges, cinema halls, gymnasiums, swimming pools, etc .; A division bench of Justice Vipin Sanghi and Justice Rekha Palli said that it is high time that the courts should also resume the physical hearing.

“One has to start and one has to overcome the fear that has frightened people, including the advocates. It also appears to us that some amount of complacency has come, and a large number of people have found comfort in working from home, and do not wish to move out of their comfort zones, ”the bench said.

“At the same time, there can be no denying the fact that with the increase in people’s mutual relations and Congress, the number of COVID-19 cases is likely to increase,” it commented.

As far as the district courts are concerned, since the infrastructure for the hearing of hybrid form is not ready, a similar arrangement cannot be directed for the district court.