Delhi Bar Council suggests measures for smooth court functioning amid coronavirus COVID-19 crisis

As institutions in the country prepare to resume functioning during lockdown due to coronavirus COVID-19 and post lockdown, the Bar Council of Delhi on Saturday suggested ways for the smooth functioning of courts with all precautionary measures, which would be able to combat the situation and bring normalcy in the courts.

The Bar Council of Delhi has written to the Registrar General of Delhi High Court putting forth a few suggestions. The letter said that Bar Council of Delhi welcomes the initiative of the court to create a "Graded Action Plan" and recommend"  following additional points--

* High Court should have separate ingress and egress gates and the entry gates must be equipped with COVID testing instruments and sanitization tunnel at each entry.

* The High Court has three separate buildings and the different District Courts have large buildings and therefore the court functioning can start from different court complexes by keeping considerable distance between the two court halls and the same direction can be given for District Courts also. 

* In the Courtroom, keeping in view the size of the room, chairs should be kept at a distance and there should be 5-6 feet distance between Judge and Lawyer. Big Court Halls can be opened for Court Hearing.

* The timing of hearing of each case should be fixed and there must be a time gap of 2-3 mins in the hearing of next matter so that the concerned advocate can come inside the court hall.

* Fewer cases should be marked to each Judge and every Advocate should mention on his file about the likely period of putting forth his arguments. 

* In new cases permit only the Advocate representing in the case.

* Only two Advocates for each party may be allowed, where the number of parties are more than in those cases only one Advocate may be allowed for each party.

* The Judges hearing the case should be provided glass shield and arrangement of a mike, if necessary be made for the Judges as well as for the Lawyers.

* An Advocate whose case is not listed should not be allowed entry in the Court Halls.

* Litigant entry in the Court Hall should not be allowed but there must be provision for video recording.

* The provision for live proceedings of the Court hearing be made at the earliest which will be useful in the future for reducing congestion in the Court Halls as the Clients can very well watch the same on their mobiles.

* Canteen may remain closed for inhouse sitting for the time being.

* The Lawyers may be allowed to have access to their chambers in all Court complexes in a limited manner, restricting the numbers floorwise, date and time. 

* Corridors be made in the premises for walking with social distancing markings and no person be allowed entry without face mask and hands be sanitized at the entry point.

* Fixed time for each urgent listed case be given for hearing to enable only one case to be heard at one time and the urgency of the matter be decided on the basis of likely irreparable injury to the constitutional rights. Other matters are adjourned for three months.

* Fresh matters be only limited to 10 in each court and pending urgent matters be listed in the same ratio in each court.

* No clients be allowed to enter the court premises. They must brief their counsel in their offices only.

* Identity cards issued by the Bar Council of Delhi to the respective lawyers may be deemed to be Curfew Pass and no separate pass be made compulsory.

* An ambulance with a complete infrastructure to tackle COVID 19 emergencies be made available during working hours having COVID testing kit.

Bar Council of Delhi in its letter to the registrar general of Delhi High Court has raised concerns over the majority advocates who are not tech-savvy and have not been able to avail the facility of video conferencing and also the losses born by the litigants.