The Supreme Court on Saturday issued the Standard Operating Procedure (SOP) for resuming hybrid physical hearings from March 15, a year after it started hearing cases through video-conferencing due to the Covid-19 pandemic.
This comes after several bar bodies and lawyers had been demanding to resume physical hearings immediately.
“On an experimental basis, and as a pilot scheme, the final hearings/regular matters listed on Tuesdays, Wednesdays and Thursdays may be heard in the hybrid mode, as may be decided by the bench, considering the number of parties in a matter as well as the limited capacity of the courtrooms; all other matters, including those listed on Mondays and Fridays, shall continue to be heard through video/tele-conferencing mode,” agencies cited the SOP issued by the Supreme Court.
“The hybrid physical hearings are to commence with effect from March 15, 2021,” it added.
The Supreme Court further stated in the letter that “Unless otherwise directed by a bench, the final hearings or regular matters where the number of lawyers for the parties is higher than the average working capacity of the courtrooms according to Covid-19 norms, that is 20 per courtroom at any given time, shall invariably be listed for hearing through the video or tele-conferencing mode.”
“…however, in case the bench directs hearing of such matters to be held through the hybrid mode, the appearance of the parties, whether by physical presence or through video/tele-conferencing, will be facilitated as per the directions of the bench,” the SOP said.
It said if the number of parties is higher than the specified number in a matter listed for hybrid hearing, then one advocate-on-record (AOR) and one arguing counsel per party would be allowed entry, agencies reported.
The SOP added that one registered clerk per party, as may be chosen by the AOR, shall be allowed entry to carry paper-books or journals of lawyers up to the courtrooms.
“In any such matter as may be listed for hybrid hearing, all the counsels appearing for one party can appear either through physical presence or through video/tele-conferencing,” it said.
The Supreme Court said AORs may submit their preferences for appearing before the court either physically or through the video or tele-conferencing mode within 24 hours or by 1 pm the next day after the publication of the weekly list of final hearings or regular matters.
“If the advocate-on-record for a party does not opt for either mode i.e physical or video/tele-conferencing mode, it shall be presumed that counsels for the party seek to appear through video/tele-conferencing mode and will be facilitated accordingly,” it added.
In case of a matter directed to be listed for hybrid hearing by the bench, none of the parties will be allowed to opt for physical hearing as the matter would be taken up for hearing through video/tele-conferencing.
Even the entry into the high-security zone of the Supreme Court through proximity cards or long-term passes will be kept suspended till further orders.
“Entry of counsels/parties or such other stakeholders to appear inside courtrooms for hybrid hearings will be through daily ‘special hearing passes', which will be issued by the registry on the basis of authorisation by the concerned advocate on record,” it added.
The SOP said subject to the capacity of a courtroom, the entry of parties in a matter will be permitted not earlier
than 10 minutes prior to the start of the hearing of the matter.
“It may be noted that wearing of masks, frequent use of hand sanitiser and maintaining physical-distancing norms are mandatory for all entrants into the Supreme Court premises, including into the courtrooms,” it said.
