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'Resume Physical Hearing': Supreme Court Bar Association Urges CJI Ramana

The association, however, added that strict adherence to COVID-19 protocols should be ensured at physical hearings.

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The Supreme Court Bar Association (SCBA) on Saturday, 5 February, wrote a letter to the Chief Justice of India (CJI), NV Ramana, and urged him to resume physical hearing in the top court as COVID-19 cases in Delhi are plummeting, reported news agency ANI.

The association, however, added that strict adherence to COVID-19 protocols should be ensured during physical hearings.

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To substantiate its request, the association also cited the order in which the Delhi Disasater Management Authority (DDMA) had decided to reopen schools, gyms, colleges in the national capital from 7 February.

"Offices are now allowed to function with 100 percent capacity. Schools will also reopen for students of nursery to class 8 from 14 February," SCBA letter stated. It added that the positivity rate in Delhi has dipped to 3.85 percent as of date.

The letter said that the DDMA took this decision after considering the bed occupancy at hospitals and other health centers in the national capital.

"As of 4 February 2022, out of 15,426 COVID beds only 1200 (7.78 percent) is occupied in hospitals. At Covid Care Centers, only 138 beds (2.98 percent) are occupied out of the total 4,626 beds. And at the dedicated COVID Health Centre, only 5 beds (2.53) are occupied, while the total bed capacity there is 198."

Hence, there is no justification to not open the Supreme Court for full physical hearing on all 5 days forthwith, the letter stated, reported ANI.

The hearing in the open court, the association said, is both the convention and constitutional requirement in the top court. Therefore, we are requesting that the physical hearing be resumed at the Supreme Court, the letter said.

Lawyers will continue wearing masks and would follow the COVID appropriate behavior, it added.

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In view of the rising cases of the Omicron variant of the coronavirus in the country, the Supreme Court had on Sunday, 2 January, issued a circular that it will switch to virtual hearings from Monday, 3 January, for the next two weeks.

Meanwhile, Delhi on Friday, 4 February reported 2,272 new COVID cases and 20 deaths.

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