Much like the rest of the city, the City Civil and Sessions Court at Kala Ghoda was witness to crowds and chaos on Day 1, post lockdown, which abated when the principal judge came down to pacify advocates agitated at being made to wait for the cause list.
“There was utter chaos at the entrance of the court. After more than an hour, a staff member arrived with a list, which, however, contained details of only a few matters. The advocates waiting outside were agitated,” said Sudeep R. Pasbola, member of the Bar Council of Maharashtra and Goa.
Mr. Pasbola had to request the principal judge to come down and take stock of the situation. The judge asked the advocates not to create a rush, saying it is in their interest and personal safety to not do so. The advocates were also informed that only urgent matters would be taken up, and all other matters on board would be automatically adjourned.
Bar associations expressed apprehension at advocates appearing for hearings.
“The current circular of opening of the honourable courts for physical appearance of advocates has come as a shock to most of them,” read a letter to the Chief Metropolitan Magistrate from Dilip Gundecha, president of the Esplanade CMM Bar Association. “Many of the advocates are afraid of risking their lives and in principle are not inclined to attend the physical courts in the present period of the COVID-19 pandemic.”
In case it is decided to reopen the courts, a suitable direction should be issued so that advocates who may not want to appear are not forced to do so, either by way of coercive action, passing of an adverse order either suo moto or at the instance of the other side, the letter said.
Many lawyers said they would not go to court at least till the end of this month.
“With cramped spaces in courts that are already short on infrastructure, it would be implausible to follow physical distancing guidelines,” said advocate Harshwardhan Salgaonkar. “On matters that do not need immediate relief it would not be ideal to expect parties or their advocates to physically appear. Videoconferencing is better.”
Advocate Ragini Ahuja agreed with the videoconferencing suggestion. “Because of the pendency of cases, it is not possible to create adequate distance in courts and we don’t have the bandwidth to depute people only to ensure distance,” she said.
Ravi Hirani, former president of the Bombay Metropolitan Magistrates Court Bar Association, said he does not want to risk his life. “There is no proper sanitation and hygiene in courts, nor is there a way to manage crowds. One doesn’t know who is carrying the virus. So many advocate colleagues have died last week. It’s better to avoid courts now.”
Advocates Ajinkya Udane and Aditya Mishra said they would not attend court till the month-end because the peak of the infection is yet to come, and it is dangerous to be amongst the crowd.
