Senior Advocate Rakesh Dwivedi wrote a letter to CJI SA Bobde on April 11 for gradual restoration of functioning of courts giving certain some suggestions. He also said that “closing courts for long is a self-destructive idea”.
Dwivedi stated that “cases are in quarantine”. As the Supreme of India incorporates the medium of Video conferencing for hearing of urgent matters in the COVID-19 pandemic, many courts remain shut with only restricted functioning to the extent of hearing limited to urgent matters.
He raised concerns about the interests of people being at stake and the suggested that the gradual restoration of functioning of courts shall be done. It’s worth noting that the CJI and rest of the bench have taken the decision of cancelling summer vacation for keeping up pace with loss of time during lockdown.
“Courts are sentinels of fundamental rights. There are backlogs. Vital interests of the people are involved and the cases are in quarantine. Video conferencing is like putting the court in ICU on oxygen”
In this regard, Advocate Rakesh Dwivedi gave the following suggestions –
1. All courts sit with 25 cases each. On hearing days 5 cases and 5 final disposals.
2. Judges and lawyers wear masks as well as gloves . As it is judges sit on the dias. They are separated from lawyers by a good distance. They themselves can sit 5 ft apart.
3. Employees can be divided into two groups, each working for a week. They can be tested beforehand and sanitized.
4. Very few employees should approach the judges. Preferably not more than 2.
5. Cases should be further divided hourly basis. 5 cases per hour. So lawyers in court are few.
6. For Every case only 2 seniors with one junior should be allowed entry.
7. No client should be allowed in court.
8. Lawyers must leave court once their case is over. Their clerk too.
9. Filing can be by internet only.
10. No intern should be allowed.
11. All lawyers chamber, canteens and library may remain closed.
Dwivedi presented some ideas in his letter as “food for thought” for the judges and gave his suggestions. He stated that the closure of court during COVID pandemic will not serve well in the nation’s interest.
He further said “With little functioning of the court the system of checks and balance is absent. Amidst the pandemic war the Apex court must remain awake to the maximum extent possible”
