SC issues fresh SOP to facilitate resumption of physical hearing from Sept 1

The Supreme Court has issued fresh standard operating procedures to accord final hearing of cases in physical mode from September 1 and will employ a hybrid option from Tuesday to Thursday amid strict observance of Covid appropriate normsThe top court has been hearing cases through videoconferencing since March last year due to the pandemic and several bar bodies and lawyers have been demanding that physical hearings should resume immediatelyThe SOP issued by the Secretary General on August 28 made it clear that the courts would keep hearing miscellaneous cases through virtual mode on Mondays and FridaysWearing of mask frequent use of hand sanitiser and maintaining physical distancing norms are mandatory for all entrants into the Supreme Court premises including into the Courtrooms the SOP saidThe procedures mandated that once litigants and the lawyers opt for the hearing through physical mode then iquesthearing through videoteleconferencing mode to the party concerned will not be facilitatedThe SOP has been issued on the directions of Chief Justice N V Ramana who took note of the recommendations of the Judges Committee set up earlier to consider representations and requests of bar bodies that the hearing through physical mode be started keeping in mind the financial and technical difficulties being faced by many lawyersAlso read Person cannot be denied right to reside move freely throughout country on flimsy grounds Supreme CourtWith a view to gradually facilitate resumption of physical hearing the final hearingregular matters listed on nonmiscellaneous days may be heard in the physical mode with hybrid option as may be decided by the Bench considering the number of parties in a matter as well as the limited capacity of the Court rooms further any other matter may be heard in physical mode on such days if Bench directs likewiseAll other matters including those listed on miscellaneous days shall continue to be heard through videoteleconferencing modeiquest it saidThe bench hearing cases through physical mode may decide taking break during the hearings for a period of about 15 minutes so that the courtroom may be sanitized it saidIf the number of advocates for parties are more than 20 the average working capacity of the courtrooms as per Covid norms the bench iquestat any given timeiquest resort to virtual mode of hearing the SOP saidIn a matter listed for physical hearing one AOR or his nominee one arguing counsel and one junior counsel per party will be allowed entry one registered Clerk per party as may be chosen by the AOR shall be allowed entry to carry paper booksjournals etciquest it saidLawyers will have to register on the apex courts portal and submit their preferences for appearing before the bench within 24 hours of listing of the case for hearing it saidThe entry of the counselsparties into the HSZ high security zone to appear for physical hearing will be through daily Special hearing passes which will be issued by the Registry on the basis of authorization by the concerned AdvocateonRecord on the portaliquest it saidMultiple chair along with tables are being placed inside courtrooms and it shall be incumbent upon lawyers and litigants to maintain iquestminimum prescribed physical distancing norms it said adding every entrant will have to undergo iquestthermal and such other scanning devices as may be installed for detecting body temperature infection status etcThe entry of parties in a matter will be permitted not earlier than ten minutes prior to the start of hearing it saidEarlier in March this year the apex court had commenced hybrid proceedings a combination of virtual and physical hearing amid demands by lawyers for resumption of complete physical hearings but the system could not take off due to the onset of the second wave of COVID pandemicOn August 18 the top court had indicated that physical hearing in the apex court which is conducting proceedings virtually amid the COVID19 pandemic since March last year may resume soonA bench headed by the CJI had then said that physical hearing in the apex court may start within 10 daysIn July this year the SCBA had written a letter to the CJI urging that physical hearing in the apex court be resumed saying the COVID19 situation in the national capital has become almost normalThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever