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SC reaffirms ruling that only lawyers be allowed in hearing
The Supreme Court on Wednesday said it will stay operation of the judgement that required only lawyers physically appearing in court or those joining via video link during the hearings to endorse court orders/record of proceedings.
Senior Counsel and the President of the Supreme Court Bar Association Kapil Sibal raised the matter before the Bench comprising of Justices JK Maheshwari and Rajesh Bindal today and has sought some time to develop and sort the matter out.
The Court also agreed to uphold its order delivered on August the 29th.
Another date for the matter will be set to be heard is 11th of September.
In the order concerned, the Bench has ordered that only the advocates physically present either in person or virtually during the hearings of the cases or those who have entered appearance in the matter (in the register of courts proceedings, orders, judgements).
That order was passed in a batch of part-heard contempt petitions on August 29.
At that hearing the Court observed that while a lawyer not in town at the time of a hearing was sought to be enrolled to the list of lawyers who had participated in the hearing.
This particular lawyer’s name emerged through the Advocate Appearance Portal was opened in the December 2022, this portal required AoRs to input the names of the lawyers, who have an appearance in a case each morning.
However, as testified in court on August 29, the Bench was informed that the said lawyer was not in the court; not even through a video conference.
The Bench also stated that there were other lawyers too with whose names motions for marking their appearance were filed, though, they were not present in Court.
The Court rued that the Advocate Appearance Portal was for the purpose of indicating whether or not the lawyer who has physically attended Court to argue the matter or even assist the Advocate on the matter is present or not.
The Court said in its order of August 29, “It would not mean that the advocate, who is neither present personally nor online, may be allowed to mark his presence by furnishing online information.”
The Court also said that lawyers who may have an affiliation with the office of the prosing attorney but who are not physically present in the courtroom or appearing remotely by way of video conference should not enter an appearance.
”We forthwith direct that only such advocates who are appearing or assisting during hearing in this Court should furnish and should be marked who are present physically in the Court and are not possessing any internet gadget, and not the advocates who are associated in the office of the advocates but are not present in the Court physically but are attending the hearing through the internet.” the Court ordered.
The SCBA and the Supreme Court Advocates-on-Record Association (SCAORA) was summoned to pay heed the directive.
Sibal then decided to refer to the matter today when he attempt to get the order put as one that is deferred.
