in case of absence of any counsel on physical hearing dates, no adverse orders ought to be glided by the district courts: Delhi High court

The Delhi High Court ordered that just in case of absence of any counsel on physical hearing dates, no adverse orders ought to be glided by the district courts (Anil Kumar vs Hon’ble judicature of Delhi).

The direction was glided by a single-judge Bench of Justice Prathiba M Singh during a petition seeking hybrid hearings in lower courts on physical hearing days in sight of the COVID-19 threat. Court was hearing a petition by active lawyers who all are senior voters.

“Considering the big quantity of apprehensions expressed in showing before physical courts, in district courts, no adverse orders shall be passed if the counsel doesn’t seem physically,” the Court said.
During the course of the hearing, the Court was conversant that ex parte, adverse orders were being passed just in case of non-appearance.

“We then need to hassle the judicature.. Even NBWs ar being issued against senior voters,” the counsel showing within the matter said.On the last date of hearing, the Court had involved a standing report with regard to this manner of functioning of subordinate courts within the town and whether or not or not adequate infrastructure is available to them for holding hybrid hearings.

The Court these days noted that the report therein regard had been placed before it by the Registrar General.

“I need to browse the report. it’s detailed report,” the Court same and adjourned the matter for March four.

The petitioners have wanted hybrid hearings to be prevailed on physical hearing days for counsel {who suffer|who are suffering} from co-morbidities and are unable to look before the court because of the threat of COVID-19 pandemic.

It is the petitioner’s concern that variety of district courts don’t seem to be holding hearings because of varied reasons, as well as lack of infrastructure, vague internet connectivity.
Advocates Atul Nagarajan, Anant Kumar Hajelay, Devendra Verma, Shreya Arneja, Rajat Gautam seem for the petitioners.

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