On the demand of lawyers, Jharkhand High Court (HC) is likely to start physical hearings in the coming year with some conditions.
Under the conditions made by the court for physical hearing, all parties have to agree to physical hearing of their cases. At the time of filing the new petition, the lawyers of the concerned party will have to tell whether they would like hearing of the case in physical or virtual mode. If all sides of the case agree to a physical hearing then only that case will be heard. A hearing will not be held in a physical court if all parties do not agree. A provision has been made to urge all the parties to take a physical hearing by giving an application for the physical hearing of the already pending case.
Jharkhand State Bar Council Member, Hemant Sikarwar said that it is very necessary to start physical hearings in the High Court and along with this the hearings should be started in lower courts also because in civil cases around 90 per cent works are pending and lawyers’ condition has become very poor due to pendency of cases. The court has allowed the parties to attend the hearings by maintaining proper norms of social distancing, which is very commendable, he added.
The Court has completed its preparation for the physical hearing. Eight courtrooms have been prepared for this. Each court room is surrounded by three glass layers. In front of the judges' table, a glass is enclosed in front of the court master and the clerk.
A glass cabin has also been built where lawyers argue from both sides. Similarly, to comply with social distancing, the arrangement of seating of only six to eight lawyers in the courtroom has been completed. In the courtroom, seating of six to eight lawyers has been arranged to follow social distancing.
Although the Association of Lawyers is demanding to start a physical courts, the lawyers are not yet unanimous on the matter.
The Jharkhand State Bar Council has asked the Chief Justice for a physical hearing in all the courts including the lower courts. In the letter written by the Bar Council, it has been said that the situation of lawyers has become pathetic due to non-introduction of physical court. For this reason, physical courts should be started soon.