Delhi High Court Directs District Courts For Not Passing Adverse Orders if Advocate Can't Appear Physically

Delhi High Court Directs District Courts For Not Passing Adverse Orders if Advocate Can't Appear Physically

The Delhi High Court (HC) ordered District Courts in case of absence of any advocate on physical hearing dates, no adverse orders should be passed by the District Courts.

The HC single-judge Justice Prathiba M Singh in a petition seeking hybrid hearings in District Court on physical hearing in view of the COVID-19 threat directed the Lower Court not to pass any adverse order. The HC was hearing a petition filed by practicing lawyers who are all senior citizens.

The Court added, "Considering the large amount of apprehensions expressed in appearing before physical courts, in district courts, no adverse orders shall be passed if the counsel does not appear physically."

The HC was informed during the course of the hearing that ex parte, adverse orders were being passed in case of non-appearance. The counsel stated that "We then have to bother the High Court, even NBWs are being issued against senior citizens."

On the previous date of hearing the HC had asked for the status report regarding the current manner of functioning of lower courts and it inquired whether or not adequate infrastructure is available to them for holding hybrid hearings.

The HC noted that the report in that regard had been placed before it by the Registrar General. It added, "I have to read the report. It is a very detailed report."

It was sought before the HC that the hybrid hearings be held on physical hearing days for counsel who suffers from co-morbidities and is unable to appear before the Court due to the threat of COVID-19 pandemic.

It was informed to the HC that many District Courts are not holding hearings due to various reasons, including lack of infrastructure, bad internet connectivity.

The matter is posted before the HC on 4 March 2021.