SC reverts to hybrid hearing from February 14

In view of a significant decline in COVID-19 cases, the Supreme Court on Monday issued a circular stating that from February 14, it will revert to hybrid hearings. The top court had revived the Standard Operating Procedure (SOP) on October 7, 2021, by which it started a hybrid hearing of the cases.

On October 7, the apex had issued SoP for hybrid hearings as per which, all cases on Wednesday and Thursday are to be heard only in the physical presence of the counsels/parties in courtrooms while hybrid mode will be allowed on the rest of the days.

"In view of a significant decline in the number of COVID-19 cases and positivity rate, and in the light of the various instructions issued by the Delhi Disaster Management Authority, Government of NCT of Delhi vide Order dated February 4, 2022, the Chief Justice of India, in consultation with the Committee of Judges, has been pleased to direct that the Modified Standard Operating Procedure notified on October 7, 2021, for hearing before the Court shall stand revived, and all hearings before the Court from February 14, 2022, shall be in accordance with the said Modified Standard Operating Procedure notified on October 7, 2021," the circular issued on Monday stated.

As per October 7 circular, the matters listed on Tuesday, as a non-miscellaneous day, would also be heard in physical mode, however, on prior application by the AOR for the party, appearance through video/teleconferencing mode will be facilitated. Three lawyers per party will be allowed inside courtrooms while clerks can carry files up to courts, the SOP stated.

"In view of the encouraging response from the Bar and with a view to further facilitate hearing through physical mode, all the matters listed on Wednesday and Thursday, as non-miscellaneous days, would be heard only in the physical presence of the counsels/parties in courtrooms," the statement had said. It had said there may be break(s) for a period of about 15 minutes at the discretion of the Bench during the hearings in the courtroom in the physical mode so that the courtroom may be sanitized, for which it is necessary that the entire courtroom be vacated.

On Saturday, the Supreme Court Bar Association (SCBA) wrote to the Chief Justice of India NV Ramana urging to resume physical hearing in the Supreme Court with strict compliance with COVID protocols and appropriate behaviour. SCBA President and senior advocate Vikas Singh, in the letter to the CJI, said considering that the pandemic in the country has been very much in control in the last two weeks requested for the opening of the top court in physical mode.

The letter stated that the Delhi Disaster Management Authority (DDMA) has decided to reopen schools, colleges, and gyms in Delhi with effect from February 7 and offices are now allowed to function with a 100 per cent capacity. On January 2, 2022, the top court has decided to shift to the virtual system of hearings from January 3 in view of the rising Omicron variant of Covid-19 cases.

Suspending the physical and hybrid option of the hearing, the apex court decided to shift to complete virtual hearing for two weeks.