Called thrice, lawyer does not open mouth during virtual hearing, draws ire of SC


New Delhi, Aug 26 (IANS): A two-judge bench on Tuesday got annoyed when a lawyer, appearing through video conferencing, did not open his mouth despite being called thrice for a response.

A bench headed by Justice R F Nariman and comprising Justice Navin Sinha said, "Despite the fact that the mike was on and despite the fact that he (lawyer) was told by the court at least three times that he should open his mouth, he purposely did not do so because he was waiting for a senior advocate."

The bench observed that the advocate should have informed the top court that he was waiting for the senior advocate instead of indulging in tactics of this kind. "We strongly deprecate the tactics of this kind. We do not want advocates to take advantage of a non-physical hearing system when it is working on both sides", said the bench.

The top court noted that despite all this it still heard the lawyer.

"Counsel exhorted us to appoint a retired Judge instead of a senior advocate, which is what was done by the Bombay High Court. We do not think in the fitness of things that we should interfere given our discretionary jurisdiction under Article 136 of the Constitution", said the top court dismissing the special leave petition. The remarks from the bench came during the hearing of - Dilip Buildcon Ltd. Vs Topworth Infra Pvt Ltd.

Since March, the top court has been taking up matters through video conferencing. On August 19, the Supreme Court seven-judge committee led by Justice N.V. Ramana had asked court officials to prepare three big courtrooms to begin physical hearings within a week.

The Supreme Court in a communication to the president of Supreme Court Advocates on Record Association said, "On an experimental basis, and as a pilot scheme, three amongst the bigger courtrooms may be got prepared, within a week's time through concerned agencies, strictly adhering to the prescribed distancing and other norms and as per medical advice with regard to the physical infrastructure required in these courtrooms."

 

 

  

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Comment on this article

  • Prashanth, Badiadka

    Wed, Aug 26 2020

    While working remotely we should have more patience. During a video conference even if internet goes down for a second the person will have drop and rejoin the conference. Laptop/Desktops can stop responding unexpectedly. Headsets can stop working. Sometimes you can only hear; others can't hear u speak. Sometimes others can hear you but you can't hear. Sometimes during audio conference camera can turn on unexpectedly.

    While we cannot judge what happened in this case. However as the Supreme Court judges are of older age and are using these technologies more often that before now. They might not feel comfortable initially. Also sometime it might irritate when other person faces technical issues.

    DisAgree Agree Reply Report Abuse

  • Mangalurian, Mangaluru

    Wed, Aug 26 2020

    I am confused here.

    Did the top court want the lawyer to open his mouth...

    ...or did they want him to say something out loud?

    I am sure the lawyer opened his mouth to yawn a few times.

    DisAgree Agree Reply Report Abuse

  • Sachidananda Shetty, Mundkur/Dubai

    Wed, Aug 26 2020

    Sir.... "Maunam Sarva Sammatham"

    DisAgree Agree [1] Reply Report Abuse

  • sense_Shetty, mangalore

    Wed, Aug 26 2020

    There should be rating or feed back mechanisms in place for lawyers services.
    These kind of behavior should carry negative marks and made public in the internet domain. With the lawyers name and his ID number

    DisAgree Agree [1] Reply Report Abuse


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Title: Called thrice, lawyer does not open mouth during virtual hearing, draws ire of SC



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