The Delhi High Court has said that litigants and advocates cannot be asked to appear physically before the trial court during the current COVID-19 pandemic unless all the parties consent to it.
Justice Sanjeev Sachdeva directed a trial court here to take up the proceedings before it through videoconferencing and not to insist for a physical hearing unless all the parties consent to the same.
The court’s direction came on a plea by a man challenging a trial court order listing, for a physical hearing on December 19, a 41-year-old suit related to a property dispute. The man had contended that in view of the present pandemic, it would not be possible to physically appear in the proceedings.
“Without getting into the controversy and since the suit has been pending for over 41 years, the trial court is directed to expedite the proceedings and endeavour to conclude the same preferably within a period of six months,” Justice Sachdeva said.
During the initial period of the lockdown, the High Court introduced videoconferencing hearing to curb the spread of COVID-19.
The High Court had put an embargo on the district courts from passing any adverse order in non-urgent or routine matters when the advocate or litigant is unable to join the proceedings through videoconferencing.
However, with videoconferencing hearing becoming the norm in recent months, the court has recently tightened the rules.
The HC has notified that if an advocate or litigant stays away from virtual proceedings after being intimated that the case would be taken up on a particular date, the districts courts are free to proceed further with the case, depending on the urgency and other attending circumstances.