This Article is written by – Khushi Chamaria, a student of Gitarattan International Business School.
During this pandemic time, where everything is online whether it’s Court Hearing or Marriages or any other thing thereto; being able to present in physical hearing is rare and therefore becomes an emotional moment for any lawyer or advocate or attorney which Advocate Rajesh Shrivastava also felt for the Hon’ble Court of Supreme Court.
According to him, In July 1995, he felt like he was visiting the Supreme Court for the first time. A physical appearance in front of the Court provides no replacement for the relief that it can bring. It was an emotional experience to be in court in person. He wanted to thank the Honorable Judges for giving him this opportunity. He was looking forward to the next hearing.
Many advocates like Advocate Rajesh Shrivastava have the same belief that the emotional touch of speaking in the Hon’ble Court. Also, appearing in the physical hearing had some advantages like when it comes to recording of witnesses, courts used to be much cautious which virtual hearing can never take care of us because the fate of the matter is decided mainly based on the deposition of witnesses recorded in his witness which is only possible in physical hearing. Therefore, Virtual courts cannot replace or be a substitute for physical healing. It can be an option but not absolute. End Justice can mainly be served through the mode of physical hearing.
Due to Covid 19, Supreme Court had to adopt virtual hearings for the safety of lawyers, litigants, and the public as a whole. Till the end of June 2020, Supreme Court issued SOP and meeting apps which have now become new procedure law for hearing cases online but this process is only for time being.
To conclude, Physical Hearing is an emotional and proud moment for a lawyer and a virtual hearing will never be a replacement. Major important matters are still dealt with through physical hearing and soon will wholly.