Supreme Court to resume physical proceedings from September 1

Matters of physical hearings will also have the 'hybrid option' — any of the parties or advocates involved can choose to join in through videoconferencing

Supreme Court of India: File picture

R. Balaji   |   TT  |   New Delhi   |   30.08.21: The Supreme Court will resume physical proceedings from September 1 following a directive from Chief Justice of India N.V. Ramana on Sunday.

Matters where physical hearings will be allowed will also have the “hybrid option” — any of the parties or advocates involved can choose to join in through videoconferencing.

The apex court has not held physical hearings since March last year owing to the pandemic.

Justice Ramana’s directive follows requests from the Bar associations and is based on recommendations of a committee of judges he had set up.

According to the standard operating procedure that the apex court registry issued on Sunday morning:

⚫ Final hearings and regular matters (those already admitted by the court) listed on non-miscellaneous days will have the option of physical hearings. The maximum number of advocates per petitioner allowed at a physical hearing is three.

(Tuesdays, Wednesdays and Thursdays are the “non-miscellaneous days”, when old cases are heard, while Mondays and Fridays are the “miscellaneous days”, when fresh cases can be heard.)

⚫ Any other matter may also be heard in the physical mode on non-miscellaneous days if the bench so directs.

⚫ If the total number of advocates for the parties exceeds 20 at any point during a physical hearing, the excess advocates will be heard through videoconferencing.

⚫ All other matters, including those listed on miscellaneous days, will continue to be heard through videoconferencing or teleconferencing.

⚫ The advocates-on-record (AORs) — through whom petitions are filed — must state if the preferred mode is physical or virtual. This has to be done within 24 hours of the publication of the weekly list of final hearings and regular matters.

⚫ During a physical hearing, one AOR or his/her nominee, one arguing counsel and one junior counsel per party will be allowed entry into the courtroom. One registered clerk, chosen by the AOR for his or her party, too will be allowed in.

⚫ All stakeholders must adhere to the Covid protocol, such as wearing a mask, frequently using hand sanitisers and maintaining physical distancing.

The high courts have been allowed to decide when they would resume physical hearings. Delhi High Court will do so from August 31.