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The Supreme Court Rebuke Lawyer For Not Speaking Up During Virtual Hearing, Cautioned Lawyers to not take Undue Advantage of Virtual Hearing
The Supreme Court of India while hearing M/S Dilip v. M/S Topworth Infra Pvt. Ltd. Expressed its fury on failure of lawyer to speak during the virtual court proceeding.
The Bench of Justice Rohinton Fali Nariman and Justice Navin Sinha observed that when even the mic was on and the lawyer appearing was told many times to speak up still he didn’t say anything intentionally and knowingly because he was waiting for a senior advocate.
The Court further said that instead of staying silent the lawyer should have came upfront and informed the court that he is waiting for the Senior Advocate. The Bench showed ire for such deprecated tactics in Virtual hearing and warned advocates saying the Court does not want advocates to take this kind of advantage of non-physical hearing system.
“Despite the fact that the mike was on and despite the fact that he 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. He should have come upfront with the Court and informed the Court that he was waiting for the Senior Advocate instead of indulging in tactics of this kind. We strongly deprecate 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.”
However, even after this the Court heard the Counsel who was appearing for on behalf of Petitioner.
Although, it is reported that the said lawyer may have been unaware that his case was taken up at the time.
The Court has also issued a caution notice against taking undue advantage of virtual hearing of Court.
“We strongly deprecate 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.” The order reads.
Case details:
M/S DILIP BUILDCON LTD v. M/S TOPWORTH INFRA PVT LTD.
Appearance:
For Petitioner(s) Mr. Anukul Raj, Adv. Mr. Kumar Dushyant Singh, AOR
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MR. JUSTICE NAVIN SINHA
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