Six Senior Lawyers Urge Chief Justice To Allow Regular Functioning of Bombay High Court [Read Letter]
News UpdatesSix Senior Lawyers Urge Chief Justice To Allow Regular Functioning of Bombay High Court [Read Letter] Nitish Kashyap18 May 2020 12:04 AMShare This – xSenior advocates of the Bombay High Court have written to the Chief Justice Dipankar Datta urging him to consider allowing regular functioning of the Court at full strength as restrictions like social distancing etc will continue even after the present lockdown is lifted. But it will become very difficult for the High Court to resume regular functioning after reopening due to numerous…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginSenior advocates of the Bombay High Court have written to the Chief Justice Dipankar Datta urging him to consider allowing regular functioning of the Court at full strength as restrictions like social distancing etc will continue even after the present lockdown is lifted. But it will become very difficult for the High Court to resume regular functioning after reopening due to numerous fresh filings and a huge backlog of cases, the letter states. Igbal Chagla, Janak Dwarkadas, Fredun E De Vitre, Navroz H Seervai, MP Bharucha and Darius Khambatta have contended that suppose lockdown in Mumbai continues till the end of June and considering the total number of fresh cases filed every day as Court functions at limited strength for limited hours, once it reopens the backlog of cases will be too much to handle. Presently, all benches of the High Court are functioning for a limited number of hours (between 12-2 pm) at a limited strength. However, data available on the Bombay High Court’s website indicates that as on June 30, 2019 over 4.5 lakh cases were pending. Further, between March 2 and March 20, 2020, 1,256 cases were filed (only on the Original Side) i.e. approximately 90 cases per day were filed. The letter states- “On this basis, it is safe to assume that even if normalcy is restored by June 30, which is most unlikely, approximately 6,700 fresh cases (that were held back during the lockdown) will be filed on resumption, the letter states. The High Court will not be able to cope with the new filings, leave aside the backlog of cases, unless it resumes sittings of all available judges during usual court working hours. This is perfectly possible by making effective use of technology.” The representation also quotes CJI SA Bobde and Justice DY Chandrachud on the concept of e-filing as both inaugurated the Supreme Court’s e-filing module on May 15. While the CJI said- “E-filing has virtually brought the court registry into the chambers of advocates” Justice Chandrachud stated- “E-filing will enhance the right of citizens to efficient justice delivery.” With regard to the video conference application earlier used by the High Court. The representation states- “The video conference application earlier used by the High Court was not satisfactory. Even though a more robust platform is now used, connectivity remains a serious issue. This has resulted in periodic disruptions of the limited numbers of video hearings conducted” Thus, following suggestions have been made to the Chief Justice – 1. The Court should hold hearings with the full strength of all available judges from 11 AM to 2 PM and 3 pm to 5 pm on all regular Court working days, consistent with the Supreme Court’s sittings as reported in the media. 2. While mass transit is restricted the Court should make arrangements for bussing travel for all relevant staff of the Court. In this connection, the Kerala High Court has issued an Official Memorandum dated 15 May 2020 that “Steps are being taken to arrange conveyance facility from different locations in the district to the High Court and back, in coordination with KSRTC (Kerala State Road Transport Corporation). 3. All preparatory measures may be put in place now so that physical hearings may be resumed at the earliest. 4. E-filing facilities: A. Consistent with the Supreme Court practice, e-filings should be available for all fresh filings and not restricted to ‘very urgent’ or ‘urgent’ cases. B. All e-filings must be in searchable PDF format, with exhibits / annexures bookmarked and hyperlinked so that judges and lawyers can efficiently navigate through the record. 5. In respect of pending matters, the record will be required to be digitized before they can be listed. The High Court may consider employing a technically qualified agency for digitising the records and may also request assistance from the advocates on record/parties concerned. 6. If any assistance during hearings is required by judges to navigate through the record or screen sharing, junior lawyers or technical staff from Advocates’ offices may be allowed to assist the Court. 7. The present system of listing matters on praecipes needs to be revamped: several suggestions have been made in this regard. (refer to the representation) 8. Video hearings for final disposal may be directed by the Court and should also be permitted with the consent of the parties so long as the above requirements are complied with. 9. Video hearings in all matters pending before 24 March 2020 may be directed by the Court and should also be taken up for hearing with the consent of the parties, so long as the entire record in fully searchable PDF format with hyperlinks and bookmarks is re-filed with the registry at least one week prior to the date fixed for hearing. 10. Under the present listing system, an unrealistic number of cases are listed before every judge / bench. It is suggested that only a realistic number of cases be listed (if possible, in staggered time slots) so that each bench is able to familiarise itself with the record in advance to ensure an expeditious hearing. 11. The pandemic should be used as an opportunity to streamline processes and increase efficiency for the long term.Click Here To Download Order[Read Order] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Balogun could end up walking away from the Emirates Stadium next summer. The 19-year-old is still yet to play for the first-team side, and will be out of contract in a year’s time. However, the Gunners clearly value him highly, and are demanding £8m to let him leave this sum FacebookTwitterWhatsAppEmail分享 Officials of Premier League winners, Liverpool are keeping their eyes on Arsenal youngster, Folarin Balogun The Daily Express says Liverpool chiefs are keeping a keen eye on Balogun, with the Gunners holding out for £8million for the teenage midfielder. Balogun has been catching the eye of multiple clubs this season and is believed to be Championship side Brentford’s top target in the upcoming transfer window. read also:Arsenal set price for Brentford target BalogunAdvertisement Promoted Content7 Reasons Why You Might Want To Become A VegetarianBest Car Manufacturers In The World17 Astonishingly Beautiful Cave ChurchesCouples Who Celebrated Their Union In A Unique, Unforgettable Way10 Of The Best Places Around The World To Go StargazingMind-Bending Technology That Was Predicted Before It AppearedWhat Happens To Your Brain When You Play Too Much Video Games?7 Things That Actually Ruin Your Phone8 Things About Ancient Egypt That We Don’t Yet KnowWill You Recognize Celebs In Their Kid Photos?The Network’s Greatest Shows On HBOThe Very Last Bitcoin Will Be Mined Around 2140. Read More Loading…
Sunderland winger Adam Johnson has backed January signing Danny Graham to come good in the club’s hour of need. The 27-year-old frontman – a £5million transfer window acquisition from Swansea – will carry the burden of firing the Black Cats to Barclays Premier League safety after it was revealed that leading scorer Steven Fletcher will miss the final eight games of the campaign with ankle ligament damage. Graham is yet to add to the seven goals this term with which he arrived. But Johnson is convinced he is ready to make his mark, and he told Sky Sports News: “It’s important someone gets the goals with Fletch missing because we haven’t scored that many or created many chances. When we get them, it’s important to put them away. I think Danny is a couple of games away from getting a good run.” He added: “Fletch has proved himself this season. Without his goals, we would be in a lot worse position. He’s going to be a big miss for us. “I think it’s important for the whole team to step up now and put the performances in we know we are capable of.” Misfortune struck for Fletcher on international duty when he was carried off the field on a stretcher just minutes into Scotland’s 2-1 World Cup qualifier defeat by Wales on Friday. But if his premature departure was a blow to international boss Gordon Strachan, it was a bigger setback for club counterpart Martin O’Neill, with his side battling to avoid being dragged into the fight for Premier League survival. Fletcher’s 11 goals for the club he joined for £12million from Wolves during the summer have proved invaluable, and his absence robs O’Neill of his most potent weapon just when he needs him most, with leaders Manchester United due on Wearside on Saturday and clashes with Chelsea and Everton to come either side of a derby trip to Newcastle. Johnson said: “It’s been so frustrating because we have got some really good players. We haven’t had the results and have struggled massively at times. “All the lads are really frustrated, but we have got to keep working hard and hopefully it will come.” Press Association
Ireland’s first autumn Test series clean sweep for eight years is not sure to be a precursor to success at Rugby World Cup 2015, according to captain Paul O’Connell. Joe Schmidt’s men closed out three-straight wins thanks to tries from Simon Zebo and Tommy Bowe, and Johnny Sexton’s 16 points in an edgy 26-23 victory over Australia. Nick Phipps crossed twice and Bernard Foley claimed a third score for the Wallabies, but Ireland held firm despite a relentless late onslaught in Dublin on Saturday. Press Association “I think it works really well when you have that narrow focus on just trying to get better bit by bit. “It’s worked most of the time for us, there have been days when we’ve gone backwards certainly, and probably periods in games where we’ve gone backwards, no different from today. “But I think that’s the way that the coaching staff will address it.” Head coach Schmidt gritted his teeth through suspected appendicitis to guide Ireland to their seventh consecutive victory, before heading off for medical attention quickly after the final whistle. Ireland skipper O’Connell was relieved to atone for last autumn’s 32-15 defeat to Australia, that had the Munster stalwart bemoaning his side’s lack of physical and mental fire at the time. Schmidt’s side lost out cruelly 24-22 to the All Blacks last November when New Zealand stole victory in time added on. This year there were no last-ditch capitulations, but despite the clear mental improvement, O’Connell attempted to downplay the clear progress. Ireland were ninth in the world rankings when Schmidt was announced as the new boss in April 2013; now they sit third, cementing their status with this Australia victory. “I don’t know if it’s a game we would have lost 12 months ago, but we were certainly happy with the way we finished,” said O’Connell. “We haven’t finished games well at points, so to see the quality they brought off the bench, for us to be able to defend the way we did and not give them any easy outs was very satisfying.” Former Leinster coach Michael Cheika admitted he was disappointed to lose on his return to Irish soil, but quickly recalibrated for Australia’s Twickenham clash with England next weekend. The Wallabies compounded their 29-26 defeat to France with another three-point loss in Dublin. Despite two strength-sapping encounters Cheika refused to ease off on his taskmaster style with his squad. “We go again; you’re not tired when you’re playing for Australia,” said Cheika. “We’ll recover and mourn the loss because it was difficult, but we’ll bounce back on Monday and do our best at Twickenham. “I’m very disappointed, it was different from last week where I think we got close but we would have been lucky to win. “This week we got close and we were unlucky not to win to be honest. “All in all I thought it was a really improved performance from last weekend and I thought we were unlucky not to get the result.” Ireland swept the board in November 2006, beating South Africa, Australia and the Pacific Islands, only to slip out of the World Cup in France a year later at the group stages. Veteran lock O’Connell still harbours the mental scars of the big build-up to 2007 that led only to huge underachievement, quickly warning against any repeat. “One of the things we know is that we’ve been here before with a good autumn, and it didn’t serve us well; so that’s the lesson you learn,” said O’Connell. “You have to reassess when you come back in for the Six Nations. “We’ve been eager to improve game by game, so when we come in for the Six Nations there’ll be a short review of the autumn and we’ll try to improve on that. “Your previous performance really means nothing when the Six Nations comes around; we would have been aware of that back then as well. “I sound like a broken record but I know exactly what will happen when we come in for the Christmas camp and the Six Nations camp. “There will be a lot of things addressed that need to be from these three games, and there will be a big emphasis put on learning from that and trying to improve those areas.