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“In view of the prevailing weather conditions, the Hon’ble Chief Justice of India has advised, if convenient, the Members of the Bar/Parties-in-Person to avail hybrid mode of appearance through video conferencing facility in their matters listed before the Hon’ble Courts,” the circular stated.
On Saturday, the Commission for Air Quality Management’s sub-committee on the Graded Response Action Plan (GRAP) invoked Stage IV (Severe+) restrictions across Delhi-NCR.
In an unprecedented move, the Supreme Court issued a circular Sunday advising lawyers and litigants to appear virtually, citing “prevailing weather conditions”, a day after Delhi’s air quality plunged into the “severe plus” category triggering emergency measures across the National Capital Region (NCR).
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“In view of the prevailing weather conditions, the Hon’ble Chief Justice of India has advised, if convenient, the Members of the Bar/Parties-in-Person to avail hybrid mode of appearance through video conferencing facility in their matters listed before the Hon’ble Courts,” the circular stated.
The Supreme Court currently has a video-conferencing facility for lawyers. However, it is learnt that the need for a separate circular was felt to ensure uniformity across all courts. This is the last week that the apex court will function before the 10-day winter break.
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On Saturday, the Commission for Air Quality Management’s sub-committee on the Graded Response Action Plan (GRAP) invoked Stage IV (Severe+) restrictions across Delhi-NCR. This is the highest level of emergency curbs as the Air Quality Index crossed the 450-mark.
As part of the emergency measures, schools may decide to discontinue physical classes for students of Classes VI to IX and Class XI, shifting them to online or hybrid mode depending on local conditions. Besides, all private and Delhi government offices are required to work at 50 per cent strength, with the rest of the staff to work from home.
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Sources told The Indian Express that some judges were of the view that since GRAP Stage IV requires 50 per cent reduced functioning in workplaces, the Supreme Court must also adopt the practice. It is learnt that the court weighed the prospect of “200-300 fewer cars in the parking lot” till the winter vacation starts on December 20.
On November 13, expressing concern over the rising air pollution levels in the national capital, Supreme Court Justice P S Narasimha had told lawyers to appear virtually. “This pollution will cause permanent damage. Why are you all appearing here? Please avail the virtual hearing facility,” he had said. When senior advocate Kapil Sibal told the judge that lawyers were using masks, Justice Narasimha remarked that even those were not enough.
A day earlier, in a separate hearing involving a couple who were living in Bengaluru, another Supreme Court judge, Justice B V Nagarathna, had remarked that the southern city had better living conditions than Delhi due to air pollution.
Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More
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