Courts Update Madras HC rejects plea to resume physical hearing and...

Madras HC rejects plea to resume physical hearing and to open lawyers chambers

-

Chennai, Aug 9 (ILNS) The Madras High Court recently dismissed a petition seeking resumption of physical hearings and opening up of lawyers chambers in Madurai bench, while calling it an utterly meaningless petition filed by an uninformed lawyer.

The Division Bench comprising of Chief Justice Sanjib Banerjee and Justice S Ananthi passed this order while hearing a petition filed by Ukkrapandiyan.

The Writ Petition has been filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to resume physical hearings fully and to open the lawyer’s chambers for the use of advocates in the Madurai Bench of Madras High Court by taking into account the petitioner’s representation dated July 26, 2021, which would ultimately benefit the litigant public and the civil society at large.

The Court said that this is an ill-advised and utterly meaningless petition made by an uninformed lawyer and against the public interest.

The Court observed that, For the purpose of the Petitioner’s profession, the Petitioner requires Courts to open so that the business may flourish. The Petitioner must be reminded that the entirety of the restrictions clamped by the State following the lockdown imposed in the wake of the second surge of the pandemic has not been lifted.

There is no conclusive scientific opinion as to the date as to when a third or subsequent surge may arrive and the number of positive cases has been going up in a neighboring state at an alarming level over the last few days.

The Court further said that the court has continuously warned that in such a situation, in the public interest and to safeguard the health of all concerned, one must err on the side of caution. As it is there is the experience of the havoc that has been wrecked by the second surge of the pandemic since the country was caught unawares. Experts advise that the only protection is for vaccination to be completed so that even if the virus attacks an individual, the chance of fatality would stand reduced.

“While it is appreciated that not all persons, particularly parties intending to appear in person, may have access to smartphones or laptops or other gadgets to participate in the virtual hearing, matters are being taken up and disposed of on a regular basis without a dismissal for default or ex parte orders being made. By and large, the substantial part of the working day is taken up by Judges sitting in Court, if not for the entirety of the working hours, without the Board being completed in certain cases.

In the light of the above, uninformed petitions of the present kind are eminently avoidable, if only to allow the Court to concentrate on matters which require its attention and not waste time on the frivolous and the fanciful”, the order reads.

“The Court dismissed the writ petition. The petitioner should exercise extreme restraint before invoking this extraordinary jurisdiction in public interest in future”, the Court ordered./ILNS/AP/SNG

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Allahabad High Court says two adults have right to choose their matrimonial partner irrespective of religion

Allahabad Sept 17 (ILNS) The Allahabad High Court on Thursday said that two adults have the right...

Delhi High Court seeks response from Delhi Police Commissioner on plea on crackers licence

New Delhi Sept 17 (ILNS) The Delhi High Court, on Thursday, sought response from the Commissioner of...

Delhi High Court issues notice to Centre, Defence Ministry on plea challenging curbs on strike by defence personnel

New Delhi Sept 16 (ILNS) The Delhi High Court on Thursday sought response from the Centre and...

Allahabad High Court directs shifting of monkeys to forest within three months for creating upheaval in Varanasi city

Allahabad Sept 16 (ILNS) The Allahabad High Court has directed to shift the monkeys who created upheaval in Varanasi city,...

Madhya Pradesh High Court disposes of PIL seeking legal action against illegal medical practitioners in Shahdol district

Bhopal Sept 16 (ILNS) The Madhya Pradesh High Court has disposed of a PIL seeking legal action...

CJI Ramana hauls up Centre over forced retirement of NCLAT chairperson

New Delhi Sept 16 (ILNS) Chief Justice of India N.V. Ramana on Thursday came down heavily on...

Must read

You might also likeRELATED
Recommended to you