Supreme Court vacation bench insists lawyers should appear physically to argue cases; adjourns cases

A bench of Justices Ajay Rastogi and BV Nagarathna said that judges are coming to court everyday and lawyers, particularly Senior Advocates, should be present physically in court if they want their matter to be heard. A vacation bench of the Supreme Court on Monday insisted that lawyers should come to court physically to argue cases instead of appearing via video conference facility. A bench of Justices Ajay Rastogi and BV Nagarathna said that judges are coming to court everyday and lawyers, particularly Senior Advocates, should be present in court physically, if they want a hearing. "We come to court everyday. Come and argue. Lawyers who are physically present will get indulgence," Justice Rastogi said. The Court, therefore, turned down requests by a slew of Senior Advocates to hear their cases via video conference facility. The Court adjourned those cases while asking them to be present in court to be heard. "Vacation is not for seniors and it is only for juniors," the bench remarked. The comments were made despite a May 20, 2022, circular allowing lawyers to appear virtually during the entire period of summer vacation. Before the Court closed for summer vacation, the virtual hearing option could be availed only on miscellaneous days, i.e. Mondays and Fridays. Senior Counsel Mukul Rohatgi and Abhishek Manu Singhvi had their matters adjourned today since they appeared virtually. "Why should we grant you any indulgence when you are not in court. Others are here during vacations," Justice Rastogi told Rohatgi. "Please keep it day after tomorrow. I will be in court," Rohatgi said. "Yes and if you are busy in any other court, then ask your colleague to argue," said Justice Rastogi. The Court further admonished a lawyer who appeared virtually in court. "I am an Advocate-on-Record. I had to come to Kerala for some exigency," the lawyer said. "Sorry. Come (to court physically) and argue," Justice Rastogi stood firm. In a case in which Dr. Singhvi appeared, the Court maintained that vacation is not for senior lawyers. "Let there be a uniform rule and let there not be an Article 14 violation," said Dr. Singhvi. "When are you coming to court," the bench demanded. "Tomorrow," replied Dr. Singhvi. "Then tomorrow," the bench said adjourning the case. Another lawyer, advocate K Parameshwar who appeared virtually, requested that since the facility has been provided to lawyers, they be allowed to argue virtually. Chief Justice of India (CJI) NV Ramana had recently said that in order to ensure that Supreme Court remains accessible to lawyers from distant parts of the country, he after consultation with brother and sister judges of top court, had decided to continue online hearings on miscellaneous days i.e. Mondays and Fridays. The top court has, therefore, been providing lawyers option to appear virtually on Mondays and Fridays.

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