SC insists on physical presence of lawyers in court, adjourns matters

The Supreme Court Monday insisted upon the physical presence of lawyers to argue their cases during vacation instead of appearing virtually and adjourned some of the cases where advocates appeared through a video conferencing facility.

A vacation bench of Justices Ajay Rastogi and BV Nagarathna said that judges are coming to the court every day and it would be appropriate that the lawyers also come to court to argue their cases appropriately.

The bench said, “We are coming to court every day. You can also come and argue your cases here. Lawyers who are physically present in the courtroom will get our indulgence”.

At first, the bench turned down a request for an urgent hearing of a matter mentioned by senior advocate Mukul Rohatgi, appearing virtually, and asked him to appear physically and argue his case.

The bench said, “Why should we grant you indulgence when you are not in the court. Other lawyers are here during vacations”.

Rohatgi then urged the court to adjourn the matter for the day after tomorrow and said that he will come to the court and argue the matter.

The bench agreed and told Rohatgi that if he is busy, then he can ask his colleague to appear before the court physically and argue the matter.

Similarly, the court asked senior advocate Abhishek Manu Singhvi to appear before the court and argue his case and said that vacation in courts is not for senior lawyers and instead he should ask his juniors to appear.

Singhvi said that the court should come up with a uniform rule saying that there should not be an Article 14 violation.

The bench said, “Ok, then when are you coming to the court”. To this, Singhvi replied he would come to court on Tuesday after which the bench adjourned his matter to Tuesday. Another lawyer appearing virtually before the court said that he has come to Kerala due to some exigency but the bench refused to hear him and said, “Sorry, Come here and argue your case”.

Advocate K Parameshwar, who appeared virtually referred to a recent circular of the Supreme Court registry which said that hybrid option (both physical and virtual) is being provided to the lawyers and litigants for smooth functioning of the court and urged the court to let him argue.

The bench told him to appear physically and argue his case. Earlier, Chief Justice of India NV Ramana has said that on Monday and Friday the court will function virtually in order to ensure that the Supreme Court is accessible to lawyers from different parts of the country.

He had said that on Tuesday it will be a hybrid hearing day and the rest on Wednesday and Thursday it will be physical hearing days.