Living With the Virus

The judiciary is learning to live with the virus and various courts in the country have devised their own innovative ways to deliver justice to litigants

EVEN as the world awaits the arrival of a Covid-19 vaccine, reality is slowly dawning that this deadly virus is likely to stick around for some time, creating havoc. Under these circumstances, how are various courts delivering justice?

While in Delhi, restaurants and cinemas are opening up slowly, the judiciary too is making attempts to ensure the safety and well-being of litigants, judges, advocates, visitors and staff. Notices and circulars have been issued by different courts in India, starting with the Supreme Court, with various directions to curb the spread of the virus.

Physical hearing of cases in the apex court was suspended on March 23, 2020. After a period of five months, on August 31, the Court notified a standard operating procedure (SOP) for resuming physical hearing, initially in three courtrooms. However, till date, this has not taken place. Under the circumstances, video-conferencing of cases is going on.

In September, the Court released a user guide for limited physical hearings. The 17-page release provides a user guide for e-nomination of counsel, e-nomination of clerk, e-application for special hearing pass and e-submission of health declaration. According to the guide, registered clerks will be permitted to assist advocates-on-record or counsel for supplying physical material, but will not be allowed to enter the courtrooms. Multiple passes will have to be generated if appearance is to be marked in more than one case a day as one pass will be required for every item number in the Court. In addition, a self-declaration form about fitness and good health will have to be signed before entering the Court premises. Self-declaration is to be signed by entering the OTP sent on the registered mobile number only on the day of the visit.