Thread by @barandbench

#SupremeCourt to hear a plea by a lawyers' body challenging the decision of the Uttarakhand High Court to revert to full physical functioning from August 24 to the exclusion of virtual mode of hearing cases #vitualhearing

The plea in #SupremeCourt seeks that virtual hearing be declared as a Fundamental right to ease access to justice
#virtualhearing

Hearing to commence shortly #supremecourt

Sr Adv Siddharth luthra: This matter pertains to right of the petitioner..

Justice L Nageswara Rao: How many matters today?

Luthra: this is my last matter... i appeared in four courts

SC: We issue notice to the Bar Council of India and Supreme Court lawyers association

Luthra: but there is a notification issued..

SC: We will not stay it..

Luthra: some courts are saying its hybrid on paper but they insist on coming to court

Justice Rao: when things return to normalcy will petitioners insist that virtual courts continue

Luthra: we only seek hybrid mode of hearing... litigants have ease of access to justice as litigants can appear from all across India..

SC: This plea is by litigants or lawyers? what happened to the litigants in these 70 years?

#Supremecourt

Supreme Court: young lawyers whom you mention want physical hearing

Justice BR Gavai: Bar Council of India chairman made a statement that lawyers are suffering due to virtual courts

Luthra: it can be due to cases not being taken up

Justice Gavai: no no someone can appear for Mercedes, someone can appear from nainital or Mussoorie.. (in lighter vein)

Luthra refers to the parliamentary standing committee report.

Justice Rao: its not the intention of the committee to not to come to court. we miss you seeing in court. we are missing eye to eye contact and argument in full flow in court is missing ! how will young lawyers learn

Justice Rao: the parliamentary committee report is on the backdrop of COVID19.

Justice Rao: virtual courts ICT should be limited but hybrid cannot function forever and physical courts cannot be just done away with. Wha is the fundamental right being violated here? 19 (1)(g)?
Let us hear the Bar Council next time

Justice Rao: we have issued notice to BCI and impleaded BCI and SCBA

Adv Pradeep Yadav: I am opposing this petition. I also have a fundamental right

SC: okay so this is your fundamental right?

Yadav: hybrid is for crucial time. now everything is normal. 5000 lawyers have filed this plea but 5 lakh lawyers are affected

Justice Rao: let the bar council come and let us hear the regulatory bodies. we are not passing any orders

#Supremecourt

SC: SCBA and BCI are impleaded. Issue notice.

Luthra: some HCs are allowing hybrid but insisting on physical hearing.. please issue notice on our interim prayer

SC: No, let it come up

Sr Adv Vikas Singh : SCBA stand is clear. we want full physical hearing