A writ petition was filed by Advocate Manashwy Jha seeking COVID vaccination of lawyers and members of Bar association. It was argued that until the vaccination process of all lawyers is completed, the impugned notifications dated 20.02.2021 relating to the physical functioning of the Delhi High Court and Subordinate Courts ought to be suspended. It is noteworthy that vide said notification directions of physical opening of court from 15.03.2021 onwards have been issued by the Delhi High Court. Currently, the District Courts are hearing the matters by physical Courts on alternate days.
The Court was apprised that due to the COVID-19 pandemic various female Advocates, old Age Advocate etc. are facing inconvenience in appearing before the Courts. It was argued that due to non-appearance in the district courts adverse orders are being passed for example, by issuing non-bailable warrants, defendants being proceeded ex-parte, closure of evidence etc.
Taking into account apprehensions expressed by the Senior Advocate and other Members of Bar associations present in the hearing, the bench of Justice Prathiba M. Singh directed the District Courts in Delhi that no adverse orders shall be passed by the subordinate courts in Delhi if the council does not appear in physical hearing for any justifiable cause.
The order has come as a relief to the segment of Advocates and litigants who are not tech-savvy and due to technical handicaps are unable to appear through video conferencing in Court or due to health constraints are not in a position to appear on the physical hearing day. The High Court will hear the matter again on 04.03.2020.
