The Supreme Court Advocates-On-Record Association (SCAORA) made representation to the Chief Justice of India, N V Ramana to direct the registry to not insist on a particular kind of equipment or connectivity to join court hearings and allow Mobile Phones during Virtual Hearing.
The SCAORA represented themselves before the CJI and said that the registry has requested that VC proceedings may be joined via a desktop/laptop, with wired connectivity and also to avoid VC through mobile phones. Further that, in spite of many prior representations; SCAORA has never been consulted before the issuance of such notifications.
The representatives added that they have received multiple requests from the members stating that the present pandemic has severely affected the majority of the lawyers financially and many lawyers have also lost their regular practice and have been compelled to move back to their hometowns to avoid expenses (rents of their office and residence). Further, many lawyers who had traveled during the winter vacation to their hometowns have still not returned due to the sudden upsurge in the Covid-19 cases.
The SCAORA informed the court that most of the members including the junior members of the bar appear through mobile phones due to its availability and also 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 representatives while raising the voice of the members highlighted the instances of glitches in the Court’s connectivity during the Video Conferencing hearings that may require consideration.
While highlighting the circumstances, the SCAORA requested the court that even in the toughest times of pandemic, every advocate endeavors to join the VC hearing with the best connectivity and the best equipment including mobile phones and 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.